DILBAGH SINGH Vs. STATE

JUDGEMENT

(1.) Dilbagh Singh, Manak Chand and Pooran Kumar- appellants have been convicted of offences punishable under Section 120-B read with Section 302 of the Indian Penal Code, Section 302 read with Section 120-B of the Indian Penal Code for murder of a truck driver Phool Chand and under Section 392 read with Section 120-B of the Indian Penal Code for committing robbery of truck bearing No.MRL-666 and Manak Chand-appellant has been also convicted in addition of an offence punishable under Section 25 of the Arms Act vide judgment dated June 12, 1989, of an Additional Sessions Judge, New Delhi. Vide order of the even date the appellants have been sentenced to undergo each imprisonment for life and to pay each a fine of Rs.2,000.00 and in default of payment of fine to undergo further rigorous imprisonment of six months for the offence of murder and to undergo each rigorous imprisonment for ten years and also to pay a fine of Rs.2,000.00 each and in default of payment of fine to undergo further rigorous imprisonment for six months for offence of robbery. The appellant-Manak Chand has been also sentenced to undergo imprisonment for two years and also to pay a fine of Rs.500.00 and in default to undergo further rigorous imprisonment for ftne month under Section 25 of the Arms Act. The substantive sentences have been directed to run concurrently and from the fine if realised, half the amount of the fine was directed to be paid to legal heirs of deceased Phool Chand.

(2.) The case of the prosecution, in brief, is that Public Witness 17, Amit Batra,his brother and father were having a partnership business of Rashtra Cooperative Freight Carriers of which office was located at premises bearing No-10850, Nabi Qarim, Jhandewalan, Paharganj and another office was located at Kanpur. The trucks of this partnership ply on Delhi-Kanpur route as well. Phool Chand-driver since deceased had been engaged by the said firm for plying the truck No.MRL 666 on the said route and he had been working with the said firm for about six years prior to the occurrence. Tirath Raj Pal Public Witness 14 was employed as a cleaner by the said firm for working on the said truck and he was employed only seven or eight months prior to the occurrence.

(3.) The case of the prosecution proceeds that on September 2, 1985, the truck was engaged for bringing goods (Colgate tooth-paste) from Kanpur and the said goods were unloaded at the Golgate Agency near DCM New Delhi and thereafter a message was given on telephone to the office that truck had been unloaded and inslruclions came that the truck be taken to wholesale vegetable market known as Mandi Axadpur and if possible, any other customer be approached for carrying goods from that place te Kanpur. The truck was stated to have been brought by the driver as well as cleaner to Azadpur Mandi at about 4 P.M. There exists a Mehta Agency at the said Axadpur Market and some negotiations took place for taking apples in that truck to Kanpur at the hire charges of Rs.1400.00 . At about 4.30 PM Dilbag Singh and Manak Chand are stated to have come on a two- wheeler scooter at that place and they enquired whether the truck could be hired for taking household goods and they also informed that the household goods were to be loaded from 13, Tughlak Road, for being taken to Kanpur and Rs.1500.00 were offered as hire charges for the truck. Cleaner Tirath Raj Pal then had a word with Amit Batra on telephone and got his permission for carrying out this job and Dilbagh Singh is stated to have also talked on telephone with Amit Batra in this respect.