JAGDISH Vs. STATE

JUDGEMENT

(1.) Both the above mentioned appellants have been convicted of offences under S.392/34 and S.397 read with S.392, Penal Code, by an Additional Sessions Judge vide his judgment dt. 28th Sept. 1983. They have been sentenced to rigorous imprisonment for seven years and a fine of Rs. 200/- each for offence under S.392, I.P.C. and rigorous imprisonment for seven years under S.397 read with S.392, I.P.C. However, both the sentences have been made to run concurrently. Feeling aggrieved they have preferred separate appeals against their conviction and sentence. Since both these appeals arise out of the same incident and common questions of law and fact arise therein, this judgment of mine shall dispose of both the appeals.

(2.) The prosecution case succinctly is that Rajinder Parshad Sharma (PW1) and Krishan Kumar Sharma (PW2) were employed as salesman at A.A.U.I. Service Station-cum-Petrol Pump, Willingdon Crescent, New Delhi, at the relevant time. On 25th Feb. 1982 at about 9.00 P.M. when both of them were present inside, what they call, the show-room at the said Service Station for the purpose of counting cash etc. both the appellants barged into the showroom. They were covering their bodies with dirty chadars. Both of them were having a knife each in their hands. One of them, namely, Harun Kumar appellant (as pointed out by both Rajinder Parshad, PW1 and Krishan Kumar, PW2) pointed the knife on the chest of Rajinder Parshad while the other (Jagdish) pointed the knife towards Krishan Kumar. Both Rajinder Parshad and Krishan Kumar were having a money bag each. The appellants asked them to hand over the cash to them. Rajinder Parshad handed over his money hag to Harun and similarly Krishan Kumar delivered the money bag to Jagdish. However, the latter bag was found to contain no money. Harun then took key of the cash box from Rajinder Parshad and opened the cash-box. Jagdish inserted his hand in the cash-box to take out money but Krishan Kumar who was practising the art of Judo and Carate took out Non-Chaku (a kind of weapon) Ex.P1 and attacked Jagdish with the same. As soon as PW2 hit Jagdish, the latter hurled an abuse and exhorted Harun to fire. Thereupon, Harun fired at Krishan Kumar and he sustained bullet injuries on his right hand fingers. Both the appellants then fled away from the place of occurrence taking away the money with them. Krishan Kumar then went to hospital in a taxi and got himself medically examined. Someone informed the police and after a short while S.I. Suraj Bhan, Police Station Mandir Marg (PW 12) reached at the venue of the occurrence. He recorded statement Ex.PW1/A of Rajinder Parshad and sent the same to the Police Station under his endorsement, Ex.PW/12/A for registration of a case. Besides these two persons, who were victims of the robbery, the incident was also witnessed by one Raj Kishore Gupta (PW3) who was running a tea-stall at some distance from the aforesaid Police Station and had per chance come to the Petrol Pump to serve tea to the Petrol Pump attendants named above. S.I. Suraj Bhan inspected the site and recovered five pellets of the bullet, Ex.P2/1-5 and four pieces of wad, Ex.P3/1-4 from the spot. He also lifted Non-Chaku, Ex.P1, from there. He covered these articles into sealed parcels and took them into possession vide memo, Ex.PW1/B.

(3.) On 13th Aprl. 1982 both the appellants along with two other persons, namely, Tahir and Sabeer were arrested by Srinivas Puri Police in a case under S.399/402 IPC, F.I.R. No.87/82 of Police Station Srinivas Puri. On the clue provided by Sabeer it transpired that they were perhaps concerned with the commission of robbery in question. Accordingly, the message Ex.PW9/A (copy of D.D.No.27B dt. 13th Aprl. 1892) was sent in Police Station, Mandir Marg and S.I. Surinder Pal Singh (PW9) then went to Police Station Srinivas Puri and brought all the four suspects to Police Station, Mandir Marg. On the next following day, they were produced before a Metropolitan Magistrate along with application Ex.PW9/B for holding a test identification parade. The learned Magistrate Shri Parkash Chand (PW10) fixed Aprl. 23, 1980 for holding the test identification parade inside Central Jail, Tihar. On the appointed day he went to the Central Jail, Tihar to conduct the identification parade but all the four suspects including the appellants declined to participate therein on the ground that the police had already shown them to the alleged eye witnesses (their statements being Ex.PW10/C, D, E and F). Thereupon the police remand of the appellants was obtained by the Investigating Officer and on 30th Aprl. 1982 Harun made disclosure statement Ex.PW6/A to the effect that he had thrown the empty money-bag in the jungle close to the Petrol Pump in question and he could get the same recovered. He then led the police party to the Petrol Pump and then got recovered an empty bag, Ex.P4 from nearby a dried nullah. The same was taken into possession vide memo, Ex.PW6/C. On completion of the investigation, both the appellants were challaned.