PARKASH @ JAGAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 18.08.2012/27.08.2012 passed in Sessions Case No.46 of 2010, by which the Sessions Judge, Gurgaon convicted the appellant for commission of offence punishable under Section 394 of the Indian Penal Code, 1860 ('IPC' for short) read with Section 397 IPC and sentenced him to undergo rigorous imprisonment for a period of ten years with fine of Rs. 10,000/-, in default of payment of fine, rigorous imprisonment for ten months, the present appeal was filed by the appellant-Parkash @ Jagat.

(2.) In support of the appeal, learned counsel for the appellant assailing the impugned judgment and order and submitted that the learned trial Judge committed an error in convicting the appellant. As a matter of fact the identity or identification of the appellant-accused as the offender was not at all established. According to him, the prosecution case itself was that the person who had fired the shot was never known to PW11-Siri Pal and therefore, it was wrong to convict the appellant-accused. It is submitted that the reliance placed by the trial Judge on the alleged discovery was not trustworthy and was liable to be rejected. He thus, submitted that the prosecution case itself was wholly doubtful atleast for convicting the appellant-accused since three persons were alleged to have arrived on the motorcycle outside the Bank premises. When the trial Judge acquitted the other two accused persons, there was no semblance of evidence to convict the present appellant. He therefore, prayed for setting aside the impugned judgment and order.

(3.) Per contra, learned State counsel supported the impugned judgment and order of conviction and sentence and submitted that the prosecution had proved its case beyond reasonable doubt and therefore, the appeal should be dismissed.