RACHIN KAMBOJ AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The aforesaid two appeals have been directed against the judgment dated 08.03.2011 rendered by learned Additional Sessions Judge, Patiala whereby appellants -accused were convicted for committing offence punishable under Sec. 392 of the Indian Penal Code (for short "IPC"). Vide order on sentence of the even date, each one of the aforesaid accused was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 5000/ - for committing offence punishable under Sec. 392 of the IPC; in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) Briefly, prosecution case is like this; that on 08.06.2007 Neeraj (complainant) gave statement to the police. On the basis of which, FIR, Ex. PA, was recorded. Firstly, DDR No. 43 was written as Ex. PA and thereafter FIR was recorded. As per Neeraj, on 07.06.2007, he boarded a bus of Uttar Pradesh Roadways from ISBT, Dehradun at 5.30 PM and left the bus at Ambala Cantt. in front of Railway Station, from where he along with other persons boarded a Tata Sumo for Patiala at about 12.00 in the midnight. Two persons were already sitting in the aforesaid Tata Sumo. After crossing Rajpura City, the person, who was sitting in the front seat, handed over a pistol to the person sitting in the rear seat. Thereafter, the person sitting in the front seat also took out another pistol and on the pistol point, he snatched away a sum of Rs. 3500/ -, three ATM cards, Library Card, Passport, Voter Card, Driving Licence, Mobile Set, Wrist Watch, one Pen Drive and other documents from him. Thereafter, crossing Bhakhra Bridge, they dropped him out of the aforesaid Tata Sumo and fled away towards Patiala. After registration of this case, during the course of investigations, the police had gone to the spot and prepared rough site plan of the occurrence. A case under Sec. 399, 307, 402 of the IPC and under Sec. 25 of the Arms Act bearing FIR No. 164 dated 19.07.2007 was registered against the accused at PS -Rajpura. On 24.07.2007, ASI Salinder Singh received a telephonic call from MHC of the PS -Rajpura that all the four accused of FIR No. 123/08.06.2007 (FIR of this Case) have been arrested by the police of Police Station -City Rajpura in FIR No. 164 of 19.07.2007. Thereafter, the accused were arrested in this case. After completion of necessary investigations, the challan was presented in the Court against the accused.

(3.) Finding a prima -facie case against the accused, all the five accused were charge -sheeted for committing offence punishable under Sec. 395/382 of the IPC. After taking entire prosecution evidence, statements of accused, under Sec. 313 Cr.P.C., were recorded, wherein accused denied each prosecution allegation and pleaded their innocence and false implication. However, Amit took the defence that nothing was recovered from him in this case. The case is planted on him by the police by fabricating false documents. Witnesses have made false statements in connivance with police to falsely implicate innocent persons in this case. He found some bag containing some articles and had sent the same to one Mr. Deepak Suri through courier after locating the address from the phone number lying in those documents. He had mentioned his name and his phone number on the courier itself. Instead of appreciating his honest efforts, he has been falsely charge -sheeted by the police in this case on false allegations.