ANIL SHARMA ALIAS BHAYYAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Both the abovenoted appellants were convicted and sentenced to undergo five years' R. I. and a fine of Rs. 2000.00 each and three years R.I. under Sections 394 and 411 of the I.P.C. respectively, per judgment and order dated 18-12-2000 passed in S. T. No. 262 of 1998.

(2.) The prosecution case, in brief, is that on 31-1-1998 at about 12.30 P.M. near cremation ghat at Bareilly road within the circle of P. S. Lalkuwan, District Nainital, one Kashmiri Lal Taneja (P.W. 2) was way-laid by three miscreants. They robbed him of sum of Rs. 25,000.00. On alarm being raised witnesses Iqbal Chandra Batra (P.W. 3) and Rudra Prasad Tiwari came there and saw the occurrence. The culprits, however, made their escape possible and could not be arrested. Victim sustained injuries and was medically examined at P. H. C., Kichha. The report of the occurrence was lodged by the victim's brother Kashmiri Lal Rawal (P.W. 3), the same day at 6.10 p.m. A case under Section 394 of the I.P.C. was registered. It is also the case of the prosecution that on 1-2-1998 at about 8.30 p.m. in the ground of M. B. Degree College, Haldwani, some miscreants were found sitting in suspicious circumstances and on interception, out of four three were arrested. Out of these three, the two are the appellants, Anil Sharma alias Bhayyan and Ramesh and the third Arjun Singh was also convicted along with these two appellants. On search by the police party, sum of Rs. 8000.00 was recovered from these three. Appellant Anil Sharma was found carrying Rs. 2,000.00 whereas sum of Rs. 3,000.00 was found in possession of appellant Ramesh and they stated that they have robbed the above victim and received their share of the booty. The appellants were thereafter put to test identification parade on 24-3-1998 and both these were correctly identified by the victim P.W. 2 and P.W. 3, Kashmiri Lal and Iqbal Chandra Batra respectively. The appellants along with their companion were charge-sheeted and their case was committed to Court of Sessions, which came to be tried by Additional Sessions Judge, Haldwani District Nainital.

(3.) Appellants pleaded not guilty and contended that they have been falsely implicated in the case.