MUNNA @ VIJAY KUMAR PATHAK Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 29.4.1982 passed by the VIIIth Additional Sessions Judge, Azamgarh in Sessions Trial No. 101 of 1980 arising out of Case Crime No. 183 Police Station, JRP, District Mau, whereby the appellants have been found guilty of the offence punishable under Section 392/397 IPC and had been sentenced to undergo imprisonment for seven years each under section 392/397 IPC.

(2.) Filtering out unnecessary details, the prosecution version as unfolded during the trial is that on 7.12.1975 the informant boarded the train at 3.30 p.m. from Ballia to go to Lucknow, when the train reached Rasra Station, Shamsher Bahadur Singh and Radha Krishna Prasad also boarded the coach of the informant being the second class coach. 6-7 other people were also travelling in the same coach, after that the train reached Azamgarh station. As soon as the train moved form Azamgarh, two people boarded the train. When the train took speed then the accused, Pramod Kumar and Munna alias Vijay Kumar Pathak, whose names were disclosed by the accused themselves started talking to each other. Pramod Kumar was armed with knife and Munna alias Vijay Kumar Pathak was armed with a country made pistol. They came to Radha Krishna Prasad and asked him to hand over what he had. They took off the wrist watch of Radha Krishna Prasad and started searching his clothes. They took out fifty rupees from the pocket of the Radha Krishna Prasad. Suddenly speed of the train became slow near Rani Ki Sarai Station. At this, the accused-persons jumped from the running train after taking the attache case of the informant and hand bags of Radha Krishna Prasad and Shamsher Bahadur Singh. The details of the goods in the suite case and the attache case have been given in the FIR. It has further been mentioned that as soon as the train reached Rani Ki Sarai station, the informant and the other people told the incident to the Train Guard Constable, who ran with the informant and the victims to trace the accused-persons. After walking for some distance, the accused, Pramod Kumar was apprehended and a Rampuri knife was recovered from him. The other accused was also arrested after some distance with the help of two train guards. A country made loaded pistol was recovered along with the looted property. The Train Guard of the Central Reserve Police Force, namely, Shyam Narain Shukla and Constable Chand Dev have done an appreciable job by apprehending the accused-persons by putting their lives in danger. This FIR was signed by Radha Krisna Prasad, Shamsher Bahadur Singh and Ram Chhabila Singh. On the basis of this report, Chick Report was scribed by PW-4 Afsar Ahmad, who proved it as Ext.-3. He also prepared another Chik Report relating to the case under section 392 IPC, which was proved as Ext. Ka-4 and FIR was also registered against the accused Vijay, which was proved as Ext. Ka-5. This witness scribed the G.D. and proved their copies as Exts. Ka-6, Ka-7 and Ka-8.

(3.) Investigation of the case was entrusted to S.I. Mangala Singh, PW-5, who got the information about the occurrence telephonically. The country made pistol is said to have been recovered in the presence of this witness, who proved the recovery of the country made pistol from the accused, Munna alias Vijai Kumar Pathak as Ext.-1. Briefcase was the material Ext.-4 and the clothes were material Exts. 5-10. The handbag alleged to have been recovered from the possession of the Munna was proved as Ext-11. Another bag recovered was proved as material Ext.-12. The recovery memo prepared by Constable Moharrir Afsar Ahmad was proved by this witness as exhibited Ka-5. He investigated the matter, recorded the statement of the witnesses, prepared the site plan of both the places of occurrence, proved it as Ext. Ka-9 and Ext. Ka-10. He inspected the torch of the train guard, proved recovery memo and proved it as Ext. Ka-11. He further submitted the charge sheet under section 392 IPC and proved it as Ext. Ka-12. He also conducted the investigation as regards accused, Pramod Kumar and submitted charge sheet against him under section 25 Arms Act, which was proved as Ext. Ka-13. The charge sheet as against Munna alias Vijay Kumar Pathak under section 25 Arms Act was submitted by S.I., S.B. Singh, which was proved as Ext. Ka-14. The prosecution sanction was also proved by this witness as Ext. Ka-15.