BHIM SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bhim Singh @ Bheela @ Bhima, Satish Kumar, Randhir Singh @ Ranga and Amandeep @ Nanga have preferred the instant appeal challenging their conviction and sentence by the learned Additional Sessions Judge, Fast Track Court, Karnal vide judgment and order dated 18.11.2009. All the appellants have been convicted for offences punishable under Sections 394/397 read with Section 34 IPC and Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for ten years each besides, pay a fine of '2,000/- each for offence punishable under Section 394/34 IPC, to undergo rigorous imprisonment for seven years for offence punishable under Section 397/34 IPC and to undergo rigorous imprisonment for two years each for offence punishable under Section 25(1)(b)(a) of the Arms Act. In default of payment of fine, to further undergo rigorous imprisonment for one year each. However, all the sentences were ordered to run concurrently.

(2.) secution was set in motion on a complaint Ex.P1 by Jagdish Singh Rathore PW1. He revealed that he was working as Branch Manager at J.P.International Company, Santa Cruz, Mumbai. His residence is at Kurukshetra. He was on leave for 10 days from the company. He boarded the Jhelam Express train from Delhi to proceed to Kurukshetra on 10.03.2009. Four young boys boarded the train at Panipat. He alongwith 3/4 other persons were sitting in-between the door and bathroom of the train. After the train crossed Karnal, the young boys snatched bananas from him and ate them. On his protest, one of the boys brandished a knife and asked him to keep quiet. One of the accused took '500/- from the front pocket of his shirt and another '500/- from his purse. Other accused also snatched two notes of '100/- each. Thereafter the complainant and two others were locked up in the toilet. The accused jumped from the train at Kurukshetra railway station. Complainant apprised three railway employees about the incident but they informed him that it is the duty of the GRP and they did not take any action. As he did not find any police over there and he being tired, proceeded to his residence. On the next day i.e., 11.03.2009 complainant went to police station Kurukshetra where he got the entire facts recorded. He was told that it is a matter of GRP Karnal. Consequently, complainant approached them and prayed for legal action to be taken against the accused. Formal FIR No.70 dated 11.03.2009 Ex.P17 was registered on the basis of this complaint.

(3.) Appellants-accused Satish Kumar and Bhim Singh were arrested in another case i.e., FIR No.94/2009 dated 06.05.2009, under Sections 392/394/ 397 IPC and Section 141 of the Railways Act on 10.05.2009. In that case, accused Bhim Singh suffered a disclosure statement Ex.P4 to the effect that in the night intervening 10/11.03.2009, he alongwith other co-accused, namely, Satish Kumar, Randhir @ Ranga and Aman had committed a robbery in the Jhelam Express while threatening a passenger with a knife (Ustra) and three passengers were locked in the train toilet after committing the robbery. They alighted the train near the outer signal of Kurukshetra Junction. '300/- had come to his share. Said amount was kept concealed by him in the house of his family friend Rekha at Panipat. On the same day, accused Satish Kumar also suffered a disclosure statement Ex.P5 in the said case with respect to the occurrence in the present FIR. He revealed that '400/- had come to his share.