KAMLESH Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant criminal appeal, under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), has been preferred against the judgment and order dated 22.04.1996, passed by Ist Additional Sessions Judge, Unnao, in Sessions Trial No.191 of 1989, arising out of Case Crime No106 of 1988, P.S.-Achalganj, District-Unnao, whereby the appellant-Kamlesh (hereinafter referred to as appellant) has been convicted and sentenced for offence under Section 392 I.P.C. for seven years rigorous imprisonment and for offence under Section 397 I.P.C. for seven years rigorous imprisonment with further direction that both the sentences of the appellant shall run concurrently.

(2.) The prosecution case, in brief, is that Sakur Ahmad (P.W.-1) informant, was carrier of sales money from Kannaudia Petrol Pump, situated at Azad Marg Crossing, Kanpur, to the office of the firm where he was posted. On 21.07.1988, at about 8:30 a.m. he had come to the Kannaudia Petrol Pump by scooter Super Bajaj bearing registration No.UMO 257, provided by the said firm to collect the sales money and he received Rs.21,100/- from Ghanshyam Srivastava (Cashier), kept it in diggie (side luggage box) of scooter and locked it. As he started the scooter to proceed towards Kanpur, three unknown persons, who were carrying with countrymade pistol and bombs, appeared there. One of them fired by his countrymade pistol with shouting that if anybody will move, he will kill all the persons, present at the spot, including informant (P.W.-1). Ghanshyam Srivastava (Cashier), Jagdamba Prasad Yadav (Manager), Sukhram (Betel shopkeeper) (P.W.-3), Pramod Kumar Singh (Truck Driver) became afraid and maintained silence due to fear. One of the said person (criminal) started the scooter of the informant and rest persons (other criminals) rode on rear seat of the scooter and fled away with cash, kept in scooter, towards Lucknow.

(3.) Written information of the occurrence (Ext.-Ka-1), prepared by Ghanshyam Srivastava (cashier) on the dication of Sakur Ahmad (P.W.-1), was filed at P.S.-Achalganj on 21.07.1988, which was entered in G.D. report (Ext.-Ka-4) by Head Constable Purushotam Narayan Tandon (P.W.-7), who also prepared Chik F.I.R. (Ext.-Ka-3) and registered the case as case crime No.106 of 1988 under Sections 392 and 397 I.P.C. against three unknown persons. Investigation of the case was entrusted to S.I. S. B. Singh (P.W.-11), who reached at the place of occurrence, took into his custody blank cartridges, prepared a recovery memo (Ext.-Ka-2) and also prepared site plan (Ext.-ka-8). During investigation, he also recovered the scooter of the informant, lying in jungle in damaged condition, prepared recovery memo, handed over the scooter to the informant (P.W.-1) and also prepared site plan (Ext.-Ka-11) of recovery of said scooter. During investigation, he was in training from 06.09.1988 to 14.09.1988 and in the meantime, the appellant-Kamlesh along with co-accused-Krishna Kumar @ Munsi (since deceased) were arrested on 07.09.1988 and they were put in Identification Parade Test (T.I.P.) on 22.09.1988.