LAXMAN DASS Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Sessions Judge, Pauri Garhwal, dated 30-9-80 convicting the appellant of an offence under Section 395 IPC and sentencing him to undergo rigorous imprisonment for seven years.

(2.) A gang of five Badmashes which was armed with firearms looted some groups of pilgrims on 29-5-78 between 10.30 A. M. and 5 P. M. at a distance of 4 or 5 kilo metres from the temple of Neelkanth Mahadeo when the latter were returning from the temple to Rishikesh, within police station Laxman Jhoola, district Pauri Garhwal. The group consisting of Umesh Kumar Varma, his wife, mother, married sister, her husband and other persons reached the scene of occurrence at about 10.30 A. M. on its way to Rishikesh and was looted by the aforesaid gang and was relieved of cash and ornaments. Some members of the group were also manhandled. After looting this group, the miscreants took it to a Khai which was about 25 paces below, and compelled it to sit down there under threats of shooting, two miscreants kept guard on this group. At about 2.30 P. M. another group consisting of Sanjay Kumar Saxena and others happened to reach the scene of occurrence and was looted by the gang. This group was also taken to the Khai and was made to sit there. Two more groups of pilgrims consisting of ten persons and a guide Dili Ram (PW 8), reached the scene of occurrence at about 5 P. M. The members of these groups were also relieved of their ornaments and cash. The guide was also relieved of Rs. 15/- which were in his pocket. Both these groups were also taken to the Khai and made to sit there. Group of one Magan Lal resident of Calcutta also chanced to arrive at the scene of occurrence and was relieved of cash and a wrist watch and made to sit in the Khai. The miscreants threatened all the pilgrims and ordered them to remain sitting till they (miscreants) had left the scene by motor vehicle. The terrified pilgrims remained sitting in the Khai till about 6 P. M. when they heard the sound of a motor vehicle going away from the place of occurrence. The pilgrims concluded that the miscreants had left and thereafter they proceeded towards Rishikesh and came to Swargashram at about 8 P. M. Umesh Kumar Varma wrote down the report of the occurrence and noted in it details of the ornaments, cash and other articles which were looted from various groups. This report was submitted at police station Laxman Jhoola, the same night at 11.30 [P. M.

(3.) RAMESH Chandra Gautam (PW 11) Sub-Inspector, police station Laxman Jhoola, went to Hoshiyarpur and brought Laxman Das appellant and Shiv Prasad alias Bhola from Hoshiyarpur jail to District Jail, Pauri under parda. The two accused were taken out of Hoshiyarpur jail on 27-4-79 and admitted in the jail at Pauri on 29-4-79. These accused were kept in the lock-up of police station Kotdwar on the night of 28-4-79.