JASPAL SINGH @ SATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two appeals i.e. Crl. Appeal Nos. 532-SB of 2001 and 702-SB of 2001 as the same have arisen out of a common judgment and order dated 17.4.2001 passed by the learned Additional Sessions judge, Hoshiarpur (hereinafter referred as 'trial Court'). However, the facts are being taken from Crl. Appeal No. 532-SB of 2001.

(2.) This appeal is directed against judgment and order dated 17.4.2001 whereby the learned Trial Court has convicted the appellants for the offence under Section 397 read with Section 34 and 307 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of seven years each under Section 397 read with Section 34 of the Indian Penal Code and also to undergo rigorous imprisonment for a period of seven years each under Section 307 of the Indian Penal Code and to pay a fine of Rs. 1,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of three months each. The substantive sentences were ordered to run concurrently.

(3.) Brief facts of the case are that on 7.11.1999, complainant- Amarjit Singh made a statement before ASI Mohan Lal to the effect that he had been working on petrol pump Tractor Centre, Bulhowal. On that day, at about 3.45 p.m., while he was counting the cash in the office of petrol pump, Bhupinder Singh son of Ajit Singh, resident of village Dholowal along with Satta, resident of village Bhulana came there and got petrol filled in their white coloured scooter carried by them. Accused-appellant Bhupinder Singh entered his office and demanded the receipt for a sum of Rs. 150/- and immediately thereafter, he took out the pistol from his dub and put the same on the temporal region of complainant-Amarjit Singh and started collecting bundles of currency notes lying there. After putting the same in the bag, accused-appellant Bhupinder Singh ran away from the office of petrol pump and then put the bag containing currency notes in the basket of the scooter which was in running condition and tried to sit on it, but complainant-Amarjit Singh, Kuldip Singh and Devinder Kumar on raising an alarm surrounded accused-appellant Bhupinder Singh, who fired from the pistol but it did not hit anyone. Accused Jaspal Singh @ Satta also fired from the pistol which hit the left thigh of Bhupinder Singh and he fell down. Accused-appellant Satta succeeded in running away on the scooter along with the bag containing Rs. 81,500/-. The police was informed on telephone and accused-appellant Bhupinder Singh was handed over to the police and on the basis of the statement, Exhibit PA, made by Amarjit Singh, formal FIR Exhibit PA/2 was registered against the accused. Investigation was conducted by ASI Mohan Lal and on personal search of the accused-appellant Bhupinder Singh, three live cartridges of 12 bore were recovered. Accused- appellant Bhupinder Singh was removed to Civil Hospital, Hoshiarpur. Rough site plan of the place of occurrence was prepared. On 11/12.11.1999, accused- appellant Jaspal Singh @ Satta was arrested. On interrogation, he suffered a disclosure statement to the effect that he had kept concealed a sum of Rs. 20,000/- wrapped in a glazed paper near the link road Bur Jattan and offered to get the same recovered and then said accused led the police party and got recovered one envelope of polythene containing currency notes of different denomination after digging earth with his own hands and the same were taken into possession vide recovery memo, Exhibit PK. On 13.11.1999, accused- appellant Jaspal Singh again suffered a disclosure statement to the effect that he had kept concealed another sum of Rs. 20,000/- in the house of one Krishan Singh, elder brother of his father, situated in village Bheog Khiri, District Lakhimpur, State Uttar Pradesh, but nothing could be got recovered by the accused. After the report of Forensic Science Laboratory, Exhibit PN, challan was presented against the accused.