CHANDRAPRAKASH ABHAYRAJ KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Accused No. 1 -Chandraprakash Abhayraj Kahar, accused No. 2 -Shyamsundar Trilokiprasad Tiwari and accused No. 3 -Bhavesh alias Mahesh Chhaganlal Patel came to be charged with the offences punishable under Sections 392/ 34, 394, 397/34 of the Indian Penal Code (for short 'IPC') as per charge Exh. 3 in Sessions Case No. 6 of 1994 before the Ld. Addl. Sessions Judge at Vadodara. The Ld. Addl. Sessions Judge, at the conclusion of trial acquitted accused No. 3 -Bhavesh alias Mahesh Chhaganlal - Patel of the offences with which he was charged. However, accused Nos. 1 and 2 - Chandraprakash and Shyamsundar Tiwari were convicted of the offences punishable under Section 392 read with Section 34 of the IPC, Section 394 and Section 397 read with Section 34 of the IPC and they were sentenced to undergo rigorous imprisonment (RI) for a period of 7 years each and to pay fine of Rs. 500/ -and in default to undergo R1 for a period of 6 months for the offences punishable under Sections 394 and 397 read with Section 34 of the IPC. No separate sentence was imposed for the offence punishable under Section 392 read with Section 34 of the IPC, since sentence was imposed under I he aforesaid provisions of the IPC. It is this judgment and order dated 25 -3 -1996 of the Ld. Addl. Sessions Judge which has been subjected to challenge before this Court.

(2.) I have heard Mr. N. K. Pahwa, learned Advocate appearing for the appellants and Mr. S. P. Dave. Ld. APP for the State. It has been submitted on behalf of the appellants that no medical evidence has been adduced by the prosecution with regard to the injured witnesses (victims of the offence) and even the driver and conductor have not been examined and their statements were also not recorded by the prosecution. Hence, the very incident which has been described by the prosecution during the evidence of prosecution witnesses cannot be said to have been established beyond reasonable doubt. For the purpose of appreciating the submissions made on behalf of the appellants the facts of the prosecution case might first be noted and then the evidence adduced by the prosecution might be referred to. One Luxury Bus bearing No. ARC 209 of M/s T. K. Travels commenced its journey from Surat to Ahmedabad at about 11.15 o'clock at night on 22 -10 -1991. There were number of passengers in the bus and they included complainant -Pravinbhai Nathabhai Patel, P.S.I. Ashrafkhan Alamkhan Chauhan and Mr. Karmasinh Laljibhai Gajjar. At about 2.00 o'clock at night the driver of the bus stopped the bus for enabling the passengers to have tea. At about 2.15 o'clock in the mid -night the bus resumed its onward journey towards Vadodara. After about 15 minutes one passenger reached the place near driver and at the point of revolver he made the driver to stop the bus. That passenger was Shyamsundar -accused No. 2. Three of the other passengers had taken their place respectively in the middle and in the rear side of the bus and informed the passengers to give away whatever money and clothes they had with them. They accordingly collected the money, clothes and ornaments from the passengers. They in the process drew the suit -case of the complainant -Pravinkumar; that suit -case contained cash amount of Rs. 5,000/ -, golden ring, clothes and other articles. When they were alighting the bus P.S.I. Mr. Chauhan who was sitting in the front row of seals caught hold of accused Shyamsundar with both his hands that resulted in the accused Shyamsundar and P.S.I. Mr. Chauhan being thrown out of the bus: at that time one of the accused had got out of the bus and inflicted a blow of knife on the thigh of Mr. Chauhan. When Mr. Karamsinh got down to save Mr. Chauhan he was also injured on his thigh with a blow of knife. In the meantime one of the accused fired and, therefore, all the passengers once again went inside the bus and the robbers had escaped. Mr. Karamsinh was taken inside the bus and the driver had taken the bus to the Highway Police Chowky, which was at a short distance from the place of incident and from there Mr. Karamsinh and Mr. Chauhan were taken to S.S.G. Hospital, Vadodara. The police party went to the place of incident, made a search of the robbers without any immediate result and recorded complaint of Pravinkumar (Pravinsinh) before the P.S.I. of Karjan. The offence was registered at Karjan Police Station C.R. No. I 396/1991. Initially the investigation was conducted by P.S.I. Mr. H. G. Baria, Panchnama of the scene of offence was drawn and statements of the passengers travelling by the bus were recorded.

(3.) During the course of investigation accused No. 1 -Chandraprakash Abhayraj Kahar was apprehended at Palanpur and upon receipt of such an information a transfer warrant was obtained and he was taken in custody. The investigation was thereafter resumed by P.S.I. Mr.S. L. Bhatt, who immediately entrusted the investigation to P.S.I. Mr, R. B. Patil, who had resumed the investigation on 2 -12 -1992. He ultimately arrested accused No. 2 -Shyamsundar Tiwari and accused No. 3 - Bhavesh and seized revolvers. He also seized small gold ingot by way of Muddamal article. The identification parade was held before the concerned Executive Magistrate and accused -Chandraprakash was identified in that parade. In the meanwhile witnesses Messers Chauhan and Karamsinh Gajjar had identified the accused persons. This resulted in submission of the charge -sheet and ultimate trial before the Ld. Addl. Sessions Judge.