CHAMAN LAL Vs. STATE

JUDGEMENT

(1.) The appellant was convicted and sentenced toundergo R.I. for five years and a fine of Rs. 100.00 under sections 392/34 IPC.In default of payment of fine he was sentenced to undergo further R.I. forone month. His accomplice, one Kailash appellant in Criminal Appeal No. 103of 1986 was also sentenced to undergo similar sentence under sections 392/34IPC. He was, however, additionally convicted and sentenced to seven years'R.I. and to a fine of Rs. 200.00, in default of payment of fine to undergo furtherR.I. for two months under section 397 IPC.

(2.) Bawa Gurcharan Singh argued the case of the appellant, ChamanLal, while counsel for second appellant namely Kailash did not appearthough the case was adjourned as part heard till today. In so far as the caseof the appellant Kailash is concerned, Mr. R.P. Lao in the absence of thecounsel for the appellant has very fairly taken me through the entire record.

(3.) The case of the prosecution is that on 16/01/1985 thecomplainant Ram Sahai at about 10.30 PM had gone to contact oneBaij Nath at Chandni Mahal with a view to collect some cereals in regardof his avocation. Earlier in the day. Ram Sahai failed to deliver the sameto him as he had left the shop due to indisposition and his servant hadclosed the shop early. Ram Sahai complainant did not know the actuallocation of the house of Baij Nath though he was aware that Baij Nath isresiding in Chandni Mahal. After disembarking from the three-wheeler hemet a person whom he described as dark complexioned, 5 ft. tall and agedbetween 20 to 22 years. He also stated that the said person was wearing a Jersywith stripes and a trouser of black colour. On enquiry from the said personabout the house of Baij Nath he is alleged to have advised him to go tothe adjoining street, ft is alleged that the moment he took a turn to thatstreet the said person came and caught by the seller. It is also alleged thatthe said person took out a razor and at the point of inflicting an injury askedhim to hand over whatever he was carrying on his person. It is furtheralleged that another person with dark complexion, well-built body, 20 yearsof age and 5 ft. height joined him and these persons then robbed him ofhis wrist watch of Ricoh make and a sum of Rs. 500.00 as well as onemembership slip which he was carrying in his pocket. This the appellant issaid to have done by putting the complainant in fear of death.