JAIVIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Jaivir Singh was convicted on a charge under Section 392 read with Section 397 I.P.C. by the then IVth Addl. Sessions Judge, Bijnor, vide his judgement and order dated 8-2-80 passed in S.T. No. 29 of 78, State v. Kulwant Singh and another of the same district. He was sentenced to undergo 7 years R.I. on the said charge, Co-accused Kulwant Singh has been acquitted on totally absurd grounds. However, the State has not filed any appeal against this order of acquittal. The convicted accused Jaivir Singh, appellant has filed this appeal

(2.) The prosecution case is contained in the FIR lodged on 24-3-77 at the police station Sherkot, Distt. Bijnor on 20.45 P.M. The incident is said to have taken place in the same evening at about 6 P.M. The distance of the police station from the place of occurrence is about 4 miles. The complainant is Praduman Kumar, PW-3. He has alleged that he along with Garib Das, PW-4, Mawasi, PW-1, Datto Singh and Saddiq Ahmad had gone to take payment of cane-dues at cane centre, Hafizabad. While returning they were encountered by the accused Jaivir Singh and one of his companions Kulwant Singh (acquitted). Jaivir Singh had a knife. By flashing the same, he looted a bag containing Rs. 2110.00 from Praduman Kumar and Rs. 507.00 from Garib Das. Alarm was raised, hearing which the accused tried to retreat. Jaivir Singh successfully ran away with the looted money. However, Kulwant Singh, another co-accused was arrested after a mild chase near about the place of occurrence. He was taken into custody by the complainant and the witnesses. They started for the police station. On the way, the FIR was scribed by the complainant and ultimately the

(3.) The investigation of the case was taken in the hand by Sri Beni Singh Verma, PW-7. The case had been registered in his presence. He interrogated Praduman Kumar, PW-3, Garib Das, PW-4 and Saddiq Ahmad and Mawasi, PW-1. at the police Station itself. He also made fard for cash purchies produced by the witnesses, Exhibits Ka 7 to Ka 15 and 20. Kulwant Singh was also interrogated at the police station.