INDER Vs. STATE

JUDGEMENT

(1.) This judgment will also dispose of Criminal Appeal No. 69 of 1982 as both these appeals arise out of the same trial and judgment. The appellants, Inder and Bishamber in Cr. A. No. 2/82 and Karan in Cr. A. No. 69 of 1982 have been convicted under S. 392 read with S. 34 and 397 of the Indian Penal Code and have been sentenced to 7 years rigorous imprisonment and a fine of Rs. 500.00 each.

(2.) The prosecution case in brief is that on 22nd March, 1980 at about 3.00 p.m., a mini bus No. DHP 145 was proceeding from Tis Hazari to Inter State Bus Terminus. Between Tis Hazari and Novelty Cinema, the three accused along with one Ramesh boarded the bus. One of the accused had put a knife at the back of the driver of bus and ordered him to continue to drive as per his orders. One of the other accused robbed the passengers of their watches and cash at the point of the knife. The remaining two accused were guarding the bus by standing with open knife at the back of the bus. The bus was overcrowded. The accused who was directing the driver asked him to stop the bus near Novelty Cinema and all the accused got down from the bus and ran away. The specific charges of robbing are in respect of Ricoh watch of Satish PW, a GDR watch and Rs. 275.00 of Sohan Singh, Public Witness ., Rs. 50.00 of Dhanesh Public Witness . and Rs. 20.00 of one Des Raj.

(3.) The accused except Ramesh were arrested on 28th March, 1980 in a lane adjoining Bulward Road and Ring Road in front of a Church at night time. At the time of arrest, Inder accused was found to be wearing a Ricoh make watch and Bishamber was found to be wearing a GDR watch. The watches were seized from them. Inder accused was interrogated by the appellants and he made a disclosure statement about some other watches in his house. He led the police party to his house in Jahangir Puri and got recovered six other watches. The watches Ricoh make and GDR were later identified by Satish and Sohan Singh as their watches looted from them in the bus. At the time of arrest of these accused, ASI Ram Singh : Public Witness 6 and ASI Mahabir Singh- Public Witness 7 and S.I. Krishan Lal Public Witness 11, were some of the members of the police party. The arrest had been made after the police had got secret information about these accused and several others had gathered near Church in order to loot people. The appellants were produced before the Magistrate and were remanded to judicial custody. The identification parade was fixed for 14th April, 1980. On 14th April, 1980, Shri R.K. Yadav, Metropolitan Magistrate, Delhi went to Tihar Jail for holding the identification proceedings. However, all the accused refused to paticipate in the identification procecedings on the plea that they had been shown to the witnesses at the police station. The Metropolitan Magistrate recorded their statements and returned without there being identification parade.