ISHWARI PRASAD Vs. STATE

JUDGEMENT

(1.) ACCUSED Ishwari Prasad and Mohan Singh have filed appeals from their conviction and sentence to imprisonment for life under Section 302/34 I.P.C. and sentence to seven years R.I under Section 394 I.P.C., per judgement dated 32 -1986, passed by the then Sessions Judge, Pithoragarh, in sessions trial No. 13/1983, which was consolidated with sessions trial No. 7/1983, in which the accused was Bhopal Singh. Bhopal Singh accused had died and in his appeal (criminal appeal No. 162/2001 - old No. 544/1986) an order of abatement under Section 396 of the Code of Criminal Procedure was passed on 12 -4 -2004.

(2.) ON 21 -4 -1982 at about 7 or 7.30 A.M., four persons allegedly came to the tea -shop of Hayat Singh -(P.W.1) in Didihaat. They took some refreshment and went away. They again came at the tea -shop at about 10 -10.30 A.M. and took their noon meal. At that time they inquired from the said witness as to how they will be able to reach Bageshwar. They were told that at this hour of the day no conveyance will be available to take them to Bageshwar. Thereafter all these four left that place and were then able to contact the driver of truck No. USZ 4470, which was going towards That. The driver of this truck was Chatur Singh and cleaner was Mohan Singh (P. W.3). All these four persons were given lift in the truck which reached Thai at about 5 P.M. At that place the truck stopped on the road near the Thai Police Out Post and all these four alighted there from the truck.

(3.) ACCORDING to the prosecution at about 4 A. M. during the dark hours of the early morning of 22 -4 -1982 these four persons dragged the driver Navin Chandra Pandey from the truck while they were all armed with revolver, stain -gun and knife as they wanted to rob the driver of the money which he was carrying In a bag. These four persons were able to see the bag when the driver took out some money for payment for his night meal at the hotel at that place in the vicinity of Police out Post That. These four miscreants were demanding the bag of the money and when they could not succeed the driver was dragged out but the two cleaners Shankar Singh and Laxman Ram out of fear could not intervene and rescue the said driver of the truck. After some time these miscreants called upon the cleaners to part with the bag of the money of Rs. 8,000/ -. The bag was handed over to them out of fear of dire consequences and thereafter they decamped from there. Both these cleaners however remained confined in the cabin of the driver of the truck due to the fear as they wanted to keep themselves safe from the clutches of these miscreants. In the morning at about 5 A.M. Chatur Singh, the driver of truck No. USZ 4470, however, came to the said truck USZ 4286 and then these two cleaners named came out and told all about the incident which happened some hours before and in which the driver of the truck, Navin Chandra Pandey was dragged out of the cabin by the four miscreants. They then started making search of Navin Chandra Pandey whose dead body was, however, found lying nearby in a ravine underneath a bush. The wrist watch of the driver and keys of the truck were found missing.