RADHA RAMAN Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against a judgment of Shri V. S. Aggarwal, Addl. Sessions Judge, Delhi. Four persons including the present appellants were charged in respect of commission of offences punishable under S. 392 read with S. 397 IPC. He convicted each of the appellants for an offence punishable under S. 392 read with S. 34 IPC and sentenced each of them to undergo rigorous imprisonment for ten years and a fine of Rs. 100/- in default of payment of which fine, he had to undergo further rigorous imprisonment for one month. Hukam Chand, co-accused was acquitted while the remaining co-accused Hari Singh was convicted in respect of commission of an offence punishable under S. 411 IPC and was awarded sentence of imprisonment already undergone and a fine of Rs. 1000/- in default of payment of which he had to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution briefly is as follows. On Dec. 19, 1981, Uma Nath Sharma (PW 6) was working with M/s. Green Carriers and Contractors Pvt. Ltd. (hereinafter referred to as the Company) as a delivery clerk at G 68, Boulevard Road, Delhi. On that day, Hari Prakash (PW 3) who was a cashier in the said-company, collected Rs. 2,500/- from various customers as transport charges. He gave that amount to Uma Nath Sharma for depositing the same with office of the company at Naya Bazar. On the same day, Dalip Kumar (PW 1) who was also working as a cashier in the same company gave Rs. 9,000/- to Uma Nath Sharma for depositing the same in the office of that company at Mori Gate. He (Dalip Kumar) also gave five cheques issued in the name of B. S. Jain Enterprises and G. D. Internationals, aggregating to Rs. 1,418/- for depositing the same with the bank. On that day, Som Nath (PW 4) who was working as an unloading clerk in the company prepared a statement in respect of unloading of five trucks and gave the same to Uma Nath Sharma. Raghbir Singh (PW 5) who was in charge of delivery office of the company prepared a voucher Ex. PW5/A of conveyance and gave the same to Uma Nath Sharma for obtaining signatures of the owner with respect to the same. The net result was that Uma Nath had a cash of Rs. 11,500/-, five cheques, one voucher Ex. PW5/A and another voucher Ex. PW5/A. With the aforesaid cash and articles contained in a brown bag Ex. P1, he started at about 1.45 p.m. from his office. When he was near Kothi No. 4, Boulevard Road, Delhi, the four accused met him. Hari Singh and the appellant Radha Raman were on a bicycle while Balwant Singh appellant and Hukam Chand were on foot. Hukam Chand was carrying a knife and he placed the same on the chest of Uma Nath Sharma. The persons with the bicycle snatched the bag and went away towards Tis Hazari Courts. Uma Nath Sharma could not raise any alarm because on the point of knife, he was prohibited to do so by Hukam Chand. Balwant Singh appellant ran towards St. Stephen Hospital which was nearby. Uma Nath Sharma chased and was able to catch hold of Balwant Singh. Uma Nath Sharma brought Balwant Singh to police post Tis Hazari from where both were taken to Police Station Civil Lines where Uma Nath signed a report recorded in the daily diary. As the place of occurrence happened to be within the jurisdiction of Police Station Subzimandi, both Balwant Singh and Uma Nath Sharma were brought to that police station.

(3.) The investigation was taken over by S.I. Ved Prakash Kohli (PW 12). During interrogation, Balwant Singh disclosed the names of his accomplices. On 24th Dec. 1981 along with Som Nath (PW 2) and Ram Prakash he (PW 12) went to Rain Basera at Old Rohtak Road. Radha Raman appellant, Hukam Chand and Hari Singh were coming from the side of Kishan Ganj and they were arrested at about 7.50 p.m. On search of the person of Hukam Chand, a knife was recovered. On search of the person of Radha Raman appellant, a country-made revolver was recovered. On search of the person of Hari Singh one country-made revolver with five cartridges were recovered.