ERIC SUNIL EDRIDE Vs. STATE

JUDGEMENT

(1.) Ram Babu aged 25, Sri Krishan aged 18 and Eric Sunil Edridge aged 22 were tried in the Court of Shri V.B. Bansal, Additional Sessions Judge on charges under Sections 452. 392 and 397 read with Section 34 of the Indian Penal Code. In addition to the above charges Sunil was also tried for an offence under Section 27 of the Indian Arms Act. An order for externment was made against Ram Babu on 21st August 1974 and he was also tried, in addition to the charges mentioned above, for the offence under Section 142 of the Bombay Police Act. The Additional Sessions Judge found all the accused guilty of the offences charged with and sentenced each one of them to rigorous imprisonment for 2 years on the charge under Section 432 and to rigorous imprisonment for 7 years on the charge under Section 392 read with Section 397 of the Indian penal Code. Sunil was further sentenced to rigorous imprisonment for 2 years for the offence under the Arms Act and Ram Babu was sentenced to rigorous imprisonment for 6 months for the offence under section 142 of the Bombay Police Act. However, the sentences of imprisonment imposed were ordered to run concurrently. Against their convictions and sentences all the accused have preferred appeals through jail. Criminal Appeal No, 99 of 1978 by Sunil and Criminal Appeal No. 96 of 1978 by the other two accused. This judgment will dispose of both the appeals.

(2.) The case for the prosecution is this : Ashok Kumar Jain (P.W. 2) has an Ice Cream Factory known as Capital Ice Cream Factory at premises No. 4/16 Viswas Nagar, Panday Road. On 17th April 1976, as usual, Public Witness . 2 went to the factory at about 9-10 p.m. Public Witness . 2 was taking accounts from the Munim Dwarka Nath (P.W. 3). Ram Naresh (P.W. 4) and Nobar (P.W. 5) were busy in the manufacture of ice cream in the adjoining room. It is in evidence that the working hours of Public Witness s. 4 and 5 are 10 p.m. to 6 a.m. Ram Babu. Sri Krishan and Sunil came to the factory of Public Witness . 2 at about I a.m. in the night. Ram Babu asked for water. Dwarka Nath brought two glasses of water and gave one to Ram Babu and the other to Sri Krishan, thereafter he brought another glass of water which he gave to Sunil. After drinking water Ram Babu requested Public Witness . 2 for some money but P W. 2 did not agree to this request of Ram Babu; then Ram babu asked Public Witness . 2 to come out of the factory where he repeated the request and said that he was badly in need of money, but again the request was turned down by Public Witness . 2. Public Witness PW. 2 turned to go back inside the room when Ram Babu took out a knife and put it at the back of Public Witness . 2. Sri Krishan and Sunil also took out knives and threatened that in case any one moved he would be stabbed, Shri Krishan went to the table and took out of the drawer of the table Rs. 450.00 . Ram Babu snatched the wristwatch from the hand of Public Witness . 2, thereafter. Sri Krishan and Ram Babu walked away swiftly. Public Witness s. 2,3,4, and 5 were able to catch Sunil along with the knife. P.W. 2 and the other witnesses took Sunil to the police station where Public Witness . 2 lodged a report. Kalyan Singh, Sub-Inspector (P.W. 10), seized the knife and sealed it into a parcel, thereafter Public Witness . 10 want to the spot and recorded the statements of the witnesses.

(3.) One 16th May 1976 Public Witness . 10 received information that Ram babu and Shri Krishan accused were present in a room in Pilloo Ka-Tilla. Kalyan Singh accompanied by constable Daryao Singh and Dwarika Nath (P.W. 3) went to Pilloo Ka-Tilla and there apprehended Ram Babu and Sri Krishan from inside a room. On the search of the person of Ram Babu. a wrist-watch and knife were recovered. Similarly on the search of Sri Krishan a knife was recovered from his person. Public Witness . 10 seized all the above said articles and after preparing sketches of the knives sealed them in separate parcels.