JAI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) FOUR appellants Jai Singh (A-1), Raja Ram(A-2), Kalloo (A-3) and Ajay Pal (A-4) are aggrieved by their conviction and sentence judgement dated 31.7.1981 passed by IVth Additional Session's Judge, Budaun in two connected trials, S.T. No. 120 of 1979, State Vs. Jai Singh and others, and S.T. No. 121 of 1979, State Vs. Jai Singh relating to P.S. Rajpura, District Budaun. (A-1) has been convicted u/s 392/397 I.P.C. and 25 of the Arm's Act and has been sentenced to seven years and two years R.I. respectively for those offences. (A-2), (A-3) and(A-4) have been convicted under Section 392 I.P.C. with sentence of four years' R.I. for the said crime. ( A-4) has further been convicted under Section 411 I.P.C. with sentence of two years R.I. for it. Both the sentences of ( A-1) and (A-4) were directed to run concurrently by the Ld. Trial Judge. It is this conviction and sentence which is under challenge in the instant appeal.

(2.) SHORN of unnecessary eschewable details, prosecution allegations against the appellants, in nut shell, as was sketched in the written F.I.R., exhibit Ka-1, by the informant Bahadur Singh(PW1) were that he had gone to Anoop Shahar market to sell ground-nuts starting from his house at 7-8 a.m. and had reached the said market before mid- noon. After selling the ground-nuts, he had purchased a bed-sheet from the market which he had kept in a carry bag. Pooran Singh and Master Ram Kumar (P.W.2) met (P.W.1) in the market and all the three were returning back to their village. Informant was slightly ahead of rest of the two and when he reached near Gauri Shanker's brick klin, all of a sudden, four miscreants, sprang up from road side ditch and rounded up the informant and robbed him of his bed sheet with carry bag, at country made pistol point, which was wielded by one of the robbers. Rest of the three miscreants were armed with blunt objects. Informant (P.W.1) raised hue and cry which attracted (P.W.2), Ram Prasad, Devi, Ram Swaroop and many others towards the scene, who all surrounded the miscreants and after belabouring them, apprehended them at the spot, who all later on disclosed their identities as Jai Singh (A-1) from whom country made pistol, eight hand filled cartridges and three factory made cartridges were recovered, Raja Ram(A-2), Kalloo(A-3) and Ajay Pal(A-4). The carry bag and bed sheet was recovered from the possession of (A-4).Soon after the incident, a Head Moharrir and two constables of police outpost Gawan also arrived at the scene and with their help apprehended accused along with recovered weapons and looted articles were brought to Police Station Rajpura, District Budaun, covering a distance of 12 kilometers, where the informant lodged his written F.I.R. exhibit Ka-1, already scribed by Ram Kumar(P.W.2), the same day at 9.15 p.m., u/s 392, 397 I.P.C.

(3.) THE sanction for the prosecution of appellant(A-1) was proved by Ram Narain, Arm's Clerk (P.W.6) who had produced the charge sheet before the then District Magistrate, Sri Subhash Chandra Agarwal, who had accorded sanction (exhibit Ka-9) for prosecution of the said appellant under Section 25 of the Arm's Act. Charge sheeting of the accused resulted in their summoning and their case was committed to Session's Court, where it was registered as two separate trials being S.T. No. 120 of 1979 against all the accused appellants, under Sections 392, 397, 411 I.P.C. and S.T. No. 121 of 1979, State Vs. Jai Singh, under 25 Arm's Act. Since both the trials emanated from the same incident and the witnesses were common, therefore, the IV Additional Session's Judge, Budaun, clubbed them and conducted a joint trial.