ANIL KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 31.01.2009, passed by Sessions Judge, Champawat in Sessions Trial No. 29 of 2006 whereby appellants were found guilty for the offences punishable under Sections 284, 328, 392, 411 IPC and were sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 1,000/- each and in default in making payment of fine, to undergo additional imprisonment for one month for the offences punishable under Section 284 IPC; to undergo rigorous imprisonment for a period of 48 months and to pay fine of Rs. 5,000/- each and in default in making payment of fine, to undergo additional imprisonment for 06 months for the offence punishable under Section 328 IPC; to undergo rigorous imprisonment for a period of 48 months and to pay fine of Rs. 5,000/- each and in default of making payment of fine, to undergo additional imprisonment for 06 months for the offence punishable under Section 392 IPC; to undergo rigorous imprisonment for a period of 03 years for the offence punishable under Section 411 IPC.

(2.) It is important to mention herein that against accused/appellants no.1 and 2, one charge-sheet was filed in Case Crime No. 175 of 2006 for the offence punishable under Sections 284, 328, 392 and 411 IPC, Police Station Banbasa and another charge-sheet was filed against appellant no.1 in Case Crime No. 176 of 2006 for the offence punishable under Section 3/25 Arms Act, Police Station, Banbasa; likewise, against appellant no.2, another charge-sheet was filed in the Case Crime No. 177 of 2006 for the offences punishable under Section 4/25 Arms Act, Police Station Banbasa. Sessions Trial No. 25 of 2006 was pertaining to the chargesheet filed in Case Crime No. 175 of 2006, however, Sessions Trial No. 75 of 2006 was pertaining to the charge-sheet filed in Case Crime No. 177 of 2006 for the offence punishable under Section 4/25 Arms Act and Sessions Trial No. 28 of 2006 was pertaining to the charge-sheet filed in Case Crime No. 176 of 2006 for the offence punishable under Section 3/25 Arms Act, Police Station Banbasa and all the trials were held and disposed of by the common judgment. Appellant no.1 was also convicted for the offence punishable under Section 3/25 Arms Act and appellant no.2 was also convicted for the offence punishable under Section 4/25 of Arms Act. Both the appellants preferred present appeal against the judgment passed in Sessions Trial No. 25 of 2006 for the offences punishable under Sections 284, 328, 392, 411 IPC and both the appellants have not filed any appeal against the judgment passed against them in Arms Act.

(3.) Brief facts of the present case inter alia are that PW1 Ram Bahadur S/o Bhairav Singh R/o Village Nuakot, Police Station Shemar, District Baitadi, Nepal, lodged an FIR with Police Station Banbasa on 17.09.2006 stating that on 15.09.2006, he, along with Ajab Bisht (PW2) S/o Jai Bahadur Bisht, Ram Prasad Joshi (PW3) S/o Baldev Joshi and Prem Singh S/o Govind Singh, boarded in Bus No. UP22C 9726 from Haridwar for Banbasa; bus started at about 09:00 p.m. from Haridwar bus station; two people, belonging to Nepal boarded in same bus and sat near the complainant and they also took ticket for Banbasa; both of them started talking with the complainant PW1, PW2, PW3 and Prem Singh in Nepali language; Both of them became friendly with the complainant party; one of them disclosed his name as Sunil Bahadur Sijapati alias Bahadur and another disclosed his name as Jagat Bahadur Thapa alias Salami Thapa; bus halted at Nazimabad for dinner; all of them took dinner together and boarded the bus thereafter; in the morning of 16.09.2006, bus reached at Banbasa and all of them thereafter walked down towards Patni Tiraha; appellants offered tea and biscuits to the complainant party; complainant party had tea and biscuits, offered by the appellants; thereafter, appellant no.2 offered bananas to PW1, PW2, PW3 and Prem Singh to eat; having consumed tea, biscuits and bananas PW1, PW2, PW3 and Prem Singh started loosing their consciousness and started feeling sleepery; meanwhile, both the appellants snatched cash being carried out by PW1, PW2, PW3 and Prem Singh; due to semi-consciousness complainant party could not resist the appellants; complainant party could gain consciousness on the next day morning and found them laying in the hospital; from the PW1 Rs. 26,500/- were looted by the appellants while from the Ajab Singh (PW2) Rs. 15,000/- were looted and from PW3 Rs. 8,850/- were looted. On the complaint made by PW1 with Police Station Banbasa, Case Crime No. 175 of 2006 was registered. PW8 V.K. Pant commenced the investigation. On the same day, PW8 received a secret information to the effect that both the appellants would come to the bus station to get the bus for Delhi; complainant party was present near the bus station and they were told that police party had secret information that appellants might come to the bus station to catch the bus for Delhi, therefore, they should come with the police; on this police party along with the informer and complainant party proceeded towards bus station; Both the appellants were seen coming from the side of Sharda Bairaz; police informer, having pointed towards appellants, left the spot; complainant party also identified both the appellants; appellants were asked to stop; however, they did not stop and started running back towards the Sharda Bairaz; however, both the appellants were apprehended by the police; on the personal search of appellant no.1, country made pistol of 12 bore along with two live cartridges and two wrappers of Larpose-2 Cipla tablets were recovered; 20 notes of Rs. 1,000/- domain, 10 notes of Rs. 500/- domain and one Nepali currency note were also recovered from appellant no.1; likewise, from appellant no.2, 10 currency notes of Rs. 1,000/- domain, 25 notes of Rs. 500/- domain, one wrapper of Larpose-2 Cipla was and one Britannia Treat packet of biscuit was recovered and from the pocket of the pant, one knife was also recovered; both the appellants were identified by PW1, PW2, PW3 and all of them told the police party that these were the persons, who had looted the cash from the possession of the complainant party after making them unconscious by offering tea, biscuits and bananas.