U.T. CHANDIGARH Vs. MOHAN LAL

JUDGEMENT

(1.) THESE appeals are directed against the judgment of the Sessions Judge, Chandigarh dated 5.6.1990, whereby out of the two accused, Lachhmi Narain has been acquitted, whereas Mohan Singh convicted under Section 392 of the Indian Penal Code and sentenced to undergo rigourous imprisonment for three years and to pay a fine of Rs. 500/- and in default of payment thereof to further undergo rigorous imprisonment for three months.

(2.) THE prosecution case is that Krishan Kumar complainant (PW-2), who was working as Tailor in village Maulijagran, in the Union Territory, Chandigarh left for Mani Majra at about 2.00 P.M. on 21.8.1989 for purchasing some articles. He was, however, waylaid by two boys. One of the boys took out a knife from his dub and asked him to deliver whatever articles he was carrying, whereas the other boy caught hold of him by his arm and removed his wrist watch, purse and other articles. He identified the boy, who had removed the wrist watch as being of fair complexion; moderately built, 5'8" in height of 25/26 years if age, whereas the other body was about 22/23 years of age, stout and whitish in complexion. He also noticed that one of the boys had got inscribed the letters MLF on his arm and the boy informed Krishan Kumar that these letters represented its bearer as being a Member of the Liberation Force. After the occurrence, Krishan Kumar returned to his Village and then went to the shop of Dr. Kartar Singh and narrated the incident to him and thereafter accompanied by the said doctor left for the police station to lodge the report, but while they were near the quarters of the Housing Board they met Sub Inspector Labh Singh (PW-4), who recorded Krishan Kumar's statement (Exh. PB) and on its basis the formal FIR, Exh.PB/1, was registered at the police station. On 25.8.1989, SI Labh Singh was on patrolling in connection with the investigation of the case, when he received secret information that the accused were sitting at the bus stop near the grain market. He reached that place and arrested the accused. They were produced in Court the next day but they refused to join the identification parade, on which their statements were recorded by the Magistrate. Mohan Lal accused was interrogated in the presence of Jagar Singh (PW-3), Chowkidar of the village and on his statement, a knife and a purse were recovered from near the wall of mosque on the road whereas on Lachhmi Narain's interrogation, a wrist watch was recovered from his house. On the completion of the investigation, the accused were charged for an offence punishable under Sections 392 and 397 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(3.) THE prosecution case was then put to the accused and their statements under Section 313 of the Code of Criminal Procedure recorded and they denied the allegations levelled against them.