LAWS(UTN)-2010-4-58

DILAWAR SINGH Vs. STATE

Decided On April 26, 2010
DILAWAR SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ALL these appeals have arisen out of a common judgment and order and the evidence in all the appeals is one and the same as well as the incident is also the same, hence all of them are being disposed of by this common judgment and order.

(2.) ALL these criminal appeals, preferred under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), the directed against the judgment and order dated 04.12.1996 passed by the Second Additional Sessions Judge, Nainital in Sessions Trial No. 149/19919 State Vs. Jasbir Singh @ Jassa & others, S.T. No. 255/1991, State Vs. Jasbir Singh @ Jassa and S.T. No. 256/ 1991 State Vs. Dilawar Singh, whereby the learned Second Additional Sessions Judge has convicted each of the appellants/accused Jasbir Singh @ Jassa, Dilawar Singh and Idris for the offences punishable under Sections 392/397/412 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced each of them to seven years' R.I. u/s 307 IPC, five years' R.I. u/s 392 IPC and further seven years' R.I. u/s 412 IPC. The appellants -accused Jasbir Singh @ Jassa and Dilawar Singh were further convicted u/s 25 of the Indian Arms Act, 1959 (hereinafter to be referred as the Act), however no separate sentence was awarded against them under that section. All the sentences were directed to run concurrently.

(3.) IN brief, the prosecution case is that on 4.1.1991 at about 12:30 PM, PW1 Kanhaiya Prasad was coming on his cycle at his shop, namely, Shahi and Company after withdrawing Rs. 51,000/ - from State Bank Rudrapur and he hanged the bag containing money in the handle of his cycle. The amount was in the denomination of 4 bundles of Rs. 100/ -each i.e. Rs. 40,000/ - and 11 bundles of Rs. 10/ - each i.e. Rs. 11,000/ -, in total Rs. 51,000/ -. As soon as he was entering in his shop from the back gate, then three persons came on a Yamaha Motorcycle No. UML 6365 and surrounded him. Out of them, two accused were armed with pistols, who threatened him to his life by showing pistols while the third accused took out the bag containing the money from the handle of cycle. On the noise raised by complainant, PW2 Devendra Sahi and PW3 Jitendra Nath Tripathi reached there, however by then the accused persons ran away from there towards Gadarpur road and could not be caught. The complainant along with two other witnesses had identified the accused. With the same averments, an FIR Ex.Ka -1 was lodged by PW1 Kanhaiya Prasad on 4.1.1991 at 1:15 PM at P.S. Rudrapur. On the basis of this FIR, CHIK FIR was prepared by H.M. Ved Prakash Sharma, i.e. Ex.Ka -10. Entry was also made by him in the G.D., carbon copy thereof is Ex.Ka -11. Thereafter P.W.4 S.I. Surendra Pal Singh and P.W.5 S.I. Krishna Pal Singh, on the same day i.e. on 4.1.1991 at about 1:02 PM, on the basis of information received through Radiogram about the said incident, started checking the vehicles and at about 4:15 PM, three persons were seen coming on the said motorcycle Yamaha No. 6365 and on being stopped, they started running, however by using necessary force, they were caught hold by the police personnel, who disclosed their names as Jasbir Singh @ Jassa, Dilawar Singh and Idris (appellants -accused). From the possession of the appellant -accused Jasbir Singh @ Jassa, the recovery made was of a pistol of 12 Bore, a live cartridge loaded inside the pistol along with two live cartridges from his pocket and two bundles of notes of Rs. 100/ - each (Rs. 10,000/ - each), in total Rs. 20,000/ -, from the possession of appellant -accused Dilawar Singh, recovery made was of a pistol of 12 Bore loaded with one live cartridge and also one cartridge from his pocket and eleven bundles of Rs. 1,000/ - each (in the denomination of Rs. 10/ -), in total Rs. 11,000/ - were recovered, while from the possession of the appellant -accused Idris, two bundles of Rs. 10,000/ - each (in the denomination of Rs. 100/ -), in total Rs. 20,000/ - were recovered. For recovery of above said, Fard Ex.Ka -2 was prepared. Investigation of the main case was entrusted to S.I. Ram Ratan Verma (PW7), who during investigation, inspected the place of occurrence and prepared the site plan from where the money was said to be looted from PW1 Kanhaiya Prasad, i.e. Ex.Ka -12. He also prepared the site plan of the place from where the appellants -accused were arrested, i.e. Ex.Ka -13. During investigation, he recorded the statements of witnesses and on completing the investigation, he filed the charge sheet against the appellants -accused u/s 394/397/412 IPC, i.e. Ex.Ka -15.