BACHCHA RAM Vs. STATE

JUDGEMENT

(1.) I do not think it necessary to issue notice in this case because when I put this question to the learned Assistant Government Advocate he frankly agreed with me that in the present case if ordinary procedure is gone into an irreparable injury would be done to the appellant inasmuch as by a reading of the judgment itself it comes out that conviction of this appellant based on identification evidence cannot be sustained even for a moment. In these circumstances, I thought fit to decide this case without calling for the record because I feel that if the usual procedure is adopted it would mean asking the appellant to furnish bail and in case he is not in a position to furnish bail he will have to languish in jail for atleast some time, which may be years, before the appeal is listed when he is bound to be acquitted. That being so, I thought it fit in the interests of justice to give a go-by to this practice and straightaway pronounce judgment with the help of the trial courts judgment before me.

(2.) IT appears that this appellant was asked to stand his trial in connection with a robbery said to have been com mitted in a running train in the night between 10/11-6-71, between Maskinwa and Lakhpat Nagar on the North Eastern Railway, The victims of the robbery were Rajju and Smt. Kalawati. The allegation in that four robbers started plundering the passengers. Rajju was robbed of a ten-rupee note and Smt. Kalawati was robbed of a Hansuli, ear ring and a nose-pin. The robbers were unknown. A report of this incident was lodged at P. S. G. R. P. Gonda on 11-6-1971 at 2.20 a.m. by Rajju P. W. 12. The investigation was taken in hand. The Investigating Officer came to know of the implication of the present appel lant as well as one Faruq. The present appellant was arrested on 24-7-1V71 sometime at about 7 or 8 p. m. by constable Ram Prasad. He was brought Baparda to Police Station G. R. P. and next morning he was despatched to the jail in that very condition. The test-identification of the present appellant was done on 11-8-71 and in these indentification proceedings he was correctly identified by Rajju and Smt. Kalawati. Thereafter, the present appellant, along with the co-accused Faruq who was acquitted by the Additional Sessions Judge, Gonda, were asked to stand their trial under Section 394, I. P. C. read with Section 397, I.P.C.

(3.) THE learned Additional Sessions Judge believed toe factum of robbery and on the basis of the identification evidence of Rajju and Smt. Kalawati found the charge established as against the present appellant.