SUKHDEV ALIAS BHALIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUKHDEV Singh accused-appellant was convicted by the Additional Sessions Judge, Sirsa, on a charge for offence punishable under Section 397 of the Indian Penal Code and sentenced to undergo 7 years rigorous imprisonment. In a separate trial, the aforesaid learned Additional Sessions Judge also found the accused guilty under Section 25 of the Arms Act for the possession of a pistol and three live cartridges and sentenced him to undergo R.I. for one year and also to pay a fine of Rs. 200/- or in default of payment thereof, to further undergo R.I. for two months. The pistol is alleged to be the weapon of offence used by the appellant for threatening and extorting Rs. 530/- and a wrist watch from Alladin complainant in the case under Section 397 of the Indian Penal Code. Feeling aggrieved against the above-referred orders of conviction and sentence, the appellant has preferred. Criminal Appeal No. 377-SB of 1990 and Criminal Appeal No. 99-SB of 1991. Both these appeals shall be disposed of by this order as these arise out of the same transaction and rest upon the same evidence.

(2.) IN brief, the facts of the prosecution cases are that Alladin (PW-2) used to sell odhni and other clothes in different villages. On 23.12.1984, he was proceeding from village Bharokhan to village Panihari. Then at about 2.30 p.m., Sukhdev Singh accused accosted him on the highway and extorted Rs. 530 and wrist watch at the point of pistol. The accused was yet in the process of fleeing towards the fields when Geja Singh (PW-8) also arrived there and identified the accused as Sukhdev Singh of his village Panihari. Geja Singh raised alarm but the accused managed to escape. Alladin then reported the matter to the Panchayat of village Bharokhan. A search for the accused was conducted till 8 p.m. but he was not found available. Thereafter, on the next day, F.I.R. Ex.PA was lodged at Police Station Saddar, Sirsa at 10 a.m. by Alladin complainant. A case under Section 382 of the Indian Penal Code was registered against the accused by ASI Amin Lal (PW4). Thereafter this police officer alongwith Alladin complainant and other police officials arrived at the spot and prepared rough site-plan Ex.PF. He failed to trace the accused till 8.2.1985 when secret information was received about the appearance of the accused in the courts at Fatehabad. The accused was arrested from there in the presence of Alladin. On interrogation, the accused vide statement Ex.PB disclosed having kept concealed one wrist watch in the deodi of Sarpanch Hanuman of village Kharakhera and having kept concealed a pistol alongwith three live cartridges in an iron box in his house in village Panihari. The accused on 9.2.1985 led the police party to the said place and got recovered wrist watch as well as pistol of 315 bore and three live cartridges from his house at village Panihari. These articles were taken into possession vide memo Ex.PC. A separate case under Section 25 of the Arms Act was got registered against the accused as he failed to produce any licence or permit for the possession of pistol and live cartridges. The sanction of the District Magistrate to prosecute the accused under Section 25 of the Arms Act was obtained. After completion of investigation, the accused was arraigned for trial on such like allegations by filing two separate challans under Section 382 of the Indian Penal Code and the other under Section 25 of the Arms Act.

(3.) IN order to prove its case under Section 397 of the Indian Penal Code against the accused, before the trial court the prosecution examined eight witnesses including Alladin (PW-2) and Geja Singh (PW-8) as witnesses to the actual occurrence while Mohammed Haneef (PW-3) deposed about the sale of wrist watch to Alladin. Constable Inder Singh (PW-6) and constable Naval Singh (PW-7) deposed about the accused having made the disclosure statement and got recovered the above-referred pistol, live cartridges and wrist watch. Head Constable Brij Lal deposed about the pistol being in a working order and cartridges Ex.P-2 to P-4 being live cartridges.