BISHAN Vs. STATE

JUDGEMENT

(1.) This judgment will dispose ofCr.A.23/83andCr.A. 68/83. The appellants were convicted under Sec. 392 and sentenced with the aid of Sec. 397 Indian Penal Code to rigorous imprisonment for seven years. Hence, these appeals.

(2.) On 4-10-1981 at about 3.00 p.m. the accused appellants threatened Ram Sumer (Public Witness 4) near the public latrine in Subzi Mandi with knives and relieved him of a purse which contained Rs. 73.00 and two receipts. When accused had gone about 20 paces Ram Sumer raised an alarm. The public chased the accused, apprehended them and recovered knives. Ram Sumer snatched his purse from accused Bishan. The public had also given beatings to the accused persons. In the meanwhile, the police had been informed by one Ganga Ram Pradhan. SI Om Prakash (Public Witness 5) came and arrested the accused who were smelling of liquor. Ram Sumer produced before him the purse, currency notes and receipts. He also got the accused examined by a medical officer. Shiv Dayal (Public Witness 1) corroborated the version of Ram Sumer.

(3.) The case of the accused Bishan is that Ganga Ram Pradhan was inimical to Bishan and he falsely implicated him. The ace of Lalla accused is that he had consumed some liquor and was standing amongst the spectators.