SURINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) These criminal appeals i.e. Crl. A. 36-DB of 1996 filed by Surender and Bijender Singh, Crl. A. No. 186-DB of 1996 by Charan Singh and Crl. A. No. 245-DB of 1996 filed by Ramesh relate to an alleged robbery and murder and an attempt to murder alleged to have been committed by the appellants in a running train in the area of police Station, Government Railway Police Rohtak. As all these appeals arise out of the same judgment, these are disposed of by this order.

(2.) On 1.2.1994, Sushila Devi, PW14, along her brothers Purshotam and Yashbir boarded a train at Sakirbasti (Delhi) at 6.30 P.M. for coming to Rohtak for treatment of Yashbir in Medical College and Hospital, Rohtak. When the train was in motion between Railway Stations Dehkora and Sampla, four unidentified and unknown persons description of whom are given in the report Ex. PD/1 allegedly entered into the compartment where Purshotam (deceased) along with Yashbir and Sushila Devi was sitting and one of the assailants stood near Purshotam and shouted to take out whatever they had in their possession. Purshotam asked him to wait. Meanwhile the said youngman again shouted upon Purshotam to hand over money and when Purshotam was in the process of handing over the money, the youngman with one hand snatched the money and gave a knife blow to the deceased in his abdomen. On receipt of the injury Purshotam fell down. Yashbir, PW.13 who was sitting by the side of Purshotam got up and proceeded towards that man and was able to caught hold of his hand in which he was having a knife. The other appellant fired a shot from the pistol hitting Yashbir, PW.13. Some of the pellets also hit Ashok Kumar another passenger. When the train slowed down near Sampla Railway Station, both the persons who had caused injuries got down from the compartment and fled away.

(3.) On 25.2.1994, Surender, Bijender and Charan Singh were arrested in FIR No. 55 of 1994 under Section 399/402 of the Indian Penal Code relating to Police Station, Kharkhoda by SI Sukhbir Singh, PW.15. On 26.2.1994, SI Ram Kumar, PW.17 went to Police Station, Kharkhoda and arrested them in this case. All the three accused were produced before Judicial Magistrate 1st Class, at Sonepat in muffled faces where they refused to participate in the test identification parade. Thereupon the Magistrate passed order Ex. PDD. On 28.2.1994, Surender accused in pursuance of his disclosure statement Ex. PAA got recovered 12 bore country made pistol from the place specified by him which was taken into possession vide recovery memo. Thereafter Bijender Singh in pursuance of his disclosure statement Ex. PZ got recovered a knife stained with blood and the same was taken into possession vide recovery memo. A separate ruqa was sent to Police Station, G.R.P. Rohtak, for registration of a case under Section 25 of the Arms Act against Surender accused. Thereafter Ramesh accused was arrested on 3.3.1994 on receipt of message from Sonepat that he had confessed the commission of offence in this case while he was in custody in FIR No. 61 of 1994 under Section 25 of the Arms Act. He was also produced before the Judicial Magistrate, Sonepat with muffled face. Later on he was produced before the Chief Judicial Magistrate with muffled face where he refused to join the test identification parade. At the trial the learned trial Judge believing the prosecution story, convicted Surender appellant under Sections 302 and 394 read with Section 397 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for ten years under Section 394 read with Section 397 of the Indian Penal Code. However, the sentences of the imprisonment were ordered to run concurrently. Ramesh, Bijender and Charan Singh appellants were convicted under Section 394 read with Section 397 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for ten years. Bijender appellant was, however, acquitted of the charge under Section 302 of the Indian Penal Code.