ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision against the judgment of the Additional Sessions Judge, Kapurthala dated 10.2.1992 whereby he concurred with the judgment of the Chief Judicial Magistrate, Kapurthala dated 12.4.1991 who had convicted Anil Kumar appellant-petitioner under Section 393 IPC and accused Ramesh Kumar under Section 393 IPC and under Section 25 of the Arms Act. Both were released on probation under Section 4(1) of the Probation of Offenders Act, 1958 and were directed to furnish surety bonds of Rs. 1000/- with one surety in the Hike amount each.

(2.) BRIEF facts of this case are that on 18.3.1989 at about 11 A.M. Varinder Kumar along with his wife Madhu Bala and mother Ram Piari were present in their house located in the grain market, Kapurthala. Accused Ramesh Kumar and appellant-petitioner Anil Kumar went to their house. They entered the house of Varinder Kumar to check the electric meter. One of them was having something like a pistol with. him. He threatened the inmates of the house that he would kill them, if they raise a hue and cry. The other person tried to snatch away the golden bangles from the wrist of the mother of the complainant. Accused took away one HMT wrist watch from Varinder Kumar and tried to run away, but were apprehended by Jagdish Lal Sarpanch and Raghwinder Kumar. They disclosed their names as Ramesh Kumar and Anil Kumar. FIR Ex.PB/B was recorded on the basis of the statement Ex.PA made by Varinder Kumar. On the personal search of the accused, one HMT wrist watch and one dagger was recovered. These articles were taken into possession vide recovery memo Ex.PB. A toy pistol was also recovered from appellant-petitioner Anil Kumar.

(3.) LEARNED counsel for the State has argued that Varinder Kumar PW1 and Madhu Bala PW2 had identified appellant-petitioner Anil Kumar and his co-accused Ramesh Kumar. The HMT wrist watch, which was snatched, was recovered on the personal search of the appellant-petitioner. An attempt was made to rob Ram Piari, mother of the complainant of her gold bangles.