BRAHMA NAND ALIAS BABBAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BRAHMA Nand alias Babbar and Balbir appellants were jointly tried and convicted under Section 392 read with Section 397 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 3,000/- each vide order of Additional Sessions Judge, Jind, dated 6.3.1992. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for six months.

(2.) IN brief facts of the prosecution case are that on 9.1.1991, Zile Singh, Cashier of the Haryana State Electricity Board, along with Rattan Lal, Assistant Lineman were present in the premises of Veterinary Hospital in village Bibipur for collection of electricity bills. At about 12 noon that day, two persons armed with country made pistols came there on motor cycle bearing registration No. DEV 9244. Immediately thereafter one of those persons (whose name later on was found to be Brahma Nand) fired in the air from his pistol. The name of other person was found to be Balbir. Both Brahma Nand and Balbir threatened that if anybody tried to intervene, he would be shot dead. They were able to snatch the bag of cash lying in front of Zile Singh PW. As both the appellants were in the process of moving a way, Zile Singh caught hold of Brahma Nand appellant who was able to release himself by causing injuries to Zile Singh with the Butt of the pistol. Both the appellants then went towards the motor cycle and were about to start the same and on the noise raised by the standers, Dharam Pal and Inder Singh me to the spot and they along with others including villagers and some students were able to over-power both the appellants who could not start their motor cycle and escape. Both the appellants were kept in the premises of the Hospital whereas Zile Singh and Rattan Lal went to General Hospital, Jind for treatment of injuries received by Zile Singh. After receiving the first aid, Zile Singh was proceeding towards the Police Station when SI Prem Singh and other members of the Police party met him on the way. The said Sub Inspector recorded the statement of Zile Singh and on its basis formal first information report was subsequently registered at the police station. SI Prem Singh accompanied by Zile Singh and Rattan Lal came to the spot and both the appellants were arrested. Receipts and cash amounting to Rs. 21,400/- along with pistols and live cartridges which had earlier to been snatched from the appellants were handed over the Investigating Officer. After completion of the investigation both the appellants were challenged, tried convicted and sentenced as stated earlier. Aggrieved against the order of their conviction and sentence passed by the trial Court Brahma Nand appellant filed Crl.A. No. 132-SB of 1992 whereas Balbir appellant filed CrI.A. No. 170-SB of 1992. As common questions of law and fact are involved both these appeals shall be disposed of by one order.

(3.) THE learned counsel for the appellants submitted that the learned trial Court has erred in placing implicit reliance on the testimony of Zile Singh PW as far as the presence and participation of the present appellants at the time of the main occurrence is concerned. It was further submitted that the learned trial Court has gravely erred in not placing any reliance on the testimony of Inder Singh P.W. 7 and Dharam Pal P.W. 8 who did not support the prosecution story in its entirety and the very presence and participation of the present appellants at the time of the alleged occurrence seems highly improbable.