RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) Five appellants in the two connected appeals namely Ram Pal (A-1), Vijai Pal (A-2), Netra Pal @ Pahalwan (A-3), Jagveer @ Jaggi (A-4) and Yash Pal (A-5) are aggrieved by their conviction and sentence recorded by 15th Additional Sessions / F.T.C. no. 5, Bulandshahar in S.T. No. 961 of 1994 (State Vs. Ram Pal and others), dated 31.3.09 by which decision, appellants A-2 and A-3 have been convicted for offences u/s 395, 412 I.P.C., appellant A-1 has been convicted u/s 395 I.P.C. and appellants A-4 and A-5 have been convicted u/s 412 I.P.C. For proved each offence, each of the appellant has been sentence to 10 years RI with Rs. 10,000/- fine, the default sentence being six months further RI. Challenges in two connected appeals are to the aforesaid conviction and sentence by the appellants.

(2.) Recapitulating prosecution allegations against the appellants, as was reported by informant Mahendra Singh (P.W.1), cashier of Government Agriculture school, Bulandshahr, in his written FIR (Ext.Ka-1) coupled with chik FIR (Ext. Ka-17) and later on stated during trial, were that on 1.1.1994 he along with Lajja Ram Yadav (lecturer), Hoshiyar Singh (peon), of Government Agricultural school, Bulandshahar, had gone to State Bank, Bulandshahar to withdraw staff salary, from Principal's Account No. 11018,in jeep no. U.P. 32 D 0408 driven by Raj Kumar and got debited salary amount Rs.1,38,295/-. They returned back to the school at 12 noon and stopped their vehicle in front of school office. Except driver Raj Kumar, rest of them alighted from the jeep and climbed stairs to enter in school office, when all of sudden, one of the three miscreants armed with country made pistols, who all were standing there since prior to their arrival, pressed his country made pistol on informant's chest, while other snatched the bag containing salary money and then all the three sprinted towards school gate with decamped money bag. Informant and other school employees Sher Pal (gardner), Hoshiyar Singh, Lajja Ram Yadav, Babu Ram Tyagi, Ravindra Kumar and others raised alarm and chased the miscreants and succeeded in apprehending Yamin (absconded accused) and appellant Ram Pal (A-1) at a distance of 150 yards. Third dacoit, whose identity later on was disclosed as Netra Pal @ Pahalwan (A-3) however made his escape good along with the decamped money.

(3.) Informant P.W.1 got the loot FIR scribed from Virendra Kumar and then along with apprehended accused came to PS Kotwali, Bulandshahar, at a distance of two and half kilometers, and got it registered as crime no. 5 of 1994, u/s 392 I.P.C., same day at 1.45 p.m. against three named robbers.