GANGA DIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises from a judgment and dated 10-3-1981 passed by the III Additional Sessions Judge, Hamirpur, Sri R. R. Jatav, in S. T. No. 303A of 1974 convicting the appellants under Section 392, I.P.C. and sentencing each one of them to four years R.I.

(2.) Brief facts of the case are that on the night intervening 30/31-8-1973 at about 8.30 p.m. six persons, who were moving on a Tanga from Kabrai triangular crossing to Railway Station Kabrai, were robbed of their belongings (cash and jewellery) by four miscreants, i.e. the present appellants and one another, at pistol point in the light of the torch that was possessed by Jai Ram Singh. In the said robbery the miscreants had taken away cash worth Rs. 604.00 from Ram Sunder Singh and a golden chain weighing1-1/2 tolas and the torch from Jai Ram Singh. This torch belonged to Ram Sunder Singh. His name was inscribed on it. They had also taken away Rs. 4.00 from Bhagwan Das, Rs. 54.00 from Jhandu and Rs. 6.00 from an unknown old person.

(3.) From the F.I.R. the only light available to the witnesses to identify the miscreants, who robbed them was a torch that was held by Jai Ram Singh. From the triangular crossing at Kabrai, where the victims were robbed they went to Railway Station Kabrai. Sometime after the mid-night they went to Railway Station Mataund by boarding another train. These witnesses are residents of Mahoba and their destination was Mahoba. From Mataund next morning they had gone to their village. This F.I.R. came into existence at P. S. Kabrai on 1-9-1973. The written report was scribed by P. W. 11 Jai Ram Singh on the dictation of P. W. 1 Ram Sunder Singh. This is Ext. Ka-1. On the basis of this written report a chick F.I.R. was prepared by P. W. 13 Chhote Lal Shukla at P. S. Kabrai at about 10.00 A.M. This chick report is Ext. Ka-2. The investigation of this case was entrusted initially to P.W. 12 Habibul Haque, Station Officer. Finally the charge-sheet in the case submitted by P.W. 17 Ram Mangan Singh. Appellant Ganga Din was arrested by P.W. 14 Chhote Lal Tripathi from his house. He was brought to the police station and lodged in the lock-up at about 11.00 p.m. He was taken out from the lock-up on 17-7-1973 at 11.00 a.m. and thereafter procuring the remand warrants they were lodged in jail, as is apparent from the affidavit filed by the concerned Constables. No time for obtaining the remand warrants and lodging in jail is disclosed in their affidavits. This Ganga Din was subjected to test-identification in jail on 12-10-1973 by P. W. 16 Achhaiver Singh. He was identified by P.Ws. 1, 2, 3, 4, 6, 10 and 11, in all seven persons. Nine persons were sent to identify him.