STATE OF UTTAR PRADESH Vs. TEK CHAND

JUDGEMENT

(1.) The above appeals have been preferred against the judgment and order dated 9-2-1977 passed by Sri K.C. Bhargava, the then IIIrd Additional District and Sessions Judge, Muzaffarnagar, in Sessions Trial No. A-163 of 1976, A-206 of 1976 and A-210 of 1976, convicting Tek Chand under Section 394, I.P.C. and sentencing him to undergo R.I. for a period of 5 years and acquitting said Tek Chand and Dharam Pal under Section 302 read with Section 34, I.P.C. and Tek Chand under Section 411, I.P.C. and Section 24 Arms Act. All the above three appeals arise out of a common judgment and order and, therefore, they were taken together for hearing and disposal by a common judgment.

(2.) The prosecution story, briefly stated, is that on the night of 30-5-1975 Krishan Narain Singh, deceased, along with his brother Surendra Pal Singh, (PW 16) and his friends Ravindra Singh, (PW 18), Mahendra Singh and Sunil Sahgal were going to Mussorie from Ghaziabad in Car No. ADY 8500. Mahendra Singh was having a D.B. B.L. 12 bore gun with him. At about 11 p.m. they halted at Khalsa Vir Hotel on G.T. Road, P.S. Kotwali, Muzaffarnagar for taking their meal. While they were sitting in a cabin of said Hotel for taking meal, the D.B.B.L. Gun was with Krishan Narain Singh, deceased. In the meantime, four persons also entered into the said Hotel for taking their food and took their seats in front of the table of Krishan Narain Singh, deceased and others, outside the cabin. One of the above persons went outside the Hotel. The other three persons asked addressing one as Dharam Pal as to where Vikram had gone. Thereafter, the person addressed as Dharam Pal also went outside the Hotel and returned with the persons addressed as Vikram and said to other person addressing him as Tek Chand that every thing was alright. Thereafter, these persons started taking their food. At about 11.45 p.m. Surendra Pal Singh, (PW 16), Krishan Narain Singh, deceased and his other friends came out of the Hotel. At that time also the gun was with Krishan Narain Singh, deceased. On coming out of the Hotel, they found that left rear wheel of their car was, punctured. While Sunil Sahgal and Mahendra Singh were examining the tyre of the car, the above four persons sitting and taking their food in the Hotel, also came out of the Hotel and started snatching the gun from Krishan Narain Singh, deceased. One of them caught hold of the deceased by his waist and other two engaged in snatching the gun. The fourth one (Vikram Singh), who had open knife in his hand thrust knife on the abdominal region of Krishan Narain Singh, deceased. Thereafter, other two persons, Dharam Pal and Tek Chand, took away the gun and all of them fled away in Taxi No. D.L.T. 1170 towards Roorkee after firing in the air. There was electric light outside the Hotel, in which the faces of robbers/assailant were recognised. Boota Ram, (PW 17), proprietor of the Hotel also witnessed the occurrence.

(3.) Surendra Pal Singh, (P W 16) enquired about the robbers/assailant from Boota Ram (PW 17), who disclosed that three persons were Dharam Pal, Vikram Singh and Tek Chand, while he was not knowing the fourth one. Krishan Narain Singh, deceased was taken to Hospital, where he succumbed to injuries. Surendra Narain Singh, (PW 16) prepared written report (Ext. Ka-28) in hospital and again came to Khalsa Vir Hotel along with Ravindra Singh, (PW 18) and Mahendra Singh, where they had left their car. From the car they took out licence of the gun and five live cartridges. Thereafter, they went to police station Kotwali, Muzaffarnagar, where they lodged a report at 1.20 a.m. on 31-5-1975 and deposited licence of the gun and cartridges. On the basis of written report Head Moharir Sukhan Khan, (PW 1) prepared chick report F.I.R. (Ext. Ka. 1) made an endorsement of the same at G.D. report (Ext. Ka-3) and registered a case against Vikram Singh, Dharam Pal, Tek Chand and one unknown under Section 302 and 394 I.P.C. He also prepared a recovery memo of cartridge (Ext. Ka. 2) Mahendra Singh Maidana, (P.W. 2) was directed to conduct inquest of the dead of the deceased. He came to hospital on the morning of 31-5-1975 and conducted inquest of the dead body of Krishan Narain Singh, deceased and prepared inquest report (Ext. Ka. 4) and other relevant papers (Ext. Ka. 5 to 7). After sealing the dead body he handed over the same to Constable Dhara Singh and Mahak Singh for post mortem.