HANS RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25/11/1997 passed by Sessions Judge, Faridkot, whereby he convicted the appellant under Sections 302/392/460 of the Indian Penal Code and 25 of the Arms Act. Appellant was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and he was ordered to pay a fine of Rs. 1,000; in default thereof, he was directed to undergo rigorous imprisonment for three months. Appellant was further sentenced to undergo rigorous imprisonment for 10 years under Section 397 of the Indian Penal Code and he was ordered to pay a fine of Rs. 500; in default thereof, he was further directed to undergo rigorous imprisonment for 1-1/2 months. Appellant was further sentenced to undergo rigorous imprisonment for five years and he was ordered to pay a fine of Rs. 100; in default thereof, he was further directed to undergo rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently.

(2.) A synoptical resume of the prosecution case is as under: On 22/2/1996 Shri Jagdip Singh General Manager, Punjab Roadways, Muktsar, gave a statement to Ashwani Kumar, Inspector/SHO Police Station Muktsar, wherein he stated that on 22.2.1996 at about 12.30 mid night Paramjit Singh'Conductor No. 45, who was on night duty at the bus stand, informed him on the telephone that the noise was coming out of the Muktsar Depot and Hans Raj Gunman was crying in an injured condition and Sukhchain Singh conductor No. 24, who was working as a Cashier was lying in the office. He gave information to the police on telephone and he personally reached the Depot. On receipt of the information, police came to the Depot. Hans Raj was sent to Civil Hospital Muktsar. Dead body of Sukhchain Singh was lying in the office of the General Manager. Locks of the cash were lying open. The safe was also open. Sukhchain Singh had been killed by some unknown person after firing at him and Hans Raj was lying injured. After the checking of the cash, information will be given about the same and as such action be taken against the assailants. After recording the above statement of the General Manager, Inspector Ashwani Kumar got the case registered, sent the dead body for post-mortem examination. During investigation, it was found that Rs. 5,61,704 had been stolen from the cash room. Blood stained earth, one empty cartridge of 12 Bore, a 12 bore gun stained with blood, two live cartridges, one missed cartridge and one empty cartridge, which was loaded, were recovered. A piece of Tatt, stained with blood, one blood stained earth were also picked up from different places and after making separate parcels were taken into possession. On 29.2.1996 Inspector Ashwani Kumar during investigation of this case interrogated accused Hans Raj in the presence of Gurmukh Singh and Bachittar Singh conductors of Punjab Roadways, Muktsar, and on interrogation, accused made a disclosure statement that he had kept concealed one bag; containing bundles of currency notes of Rs. 100, Rs. 50, Rs. 20, Rs. 10, Rs. 5 and Rs. 2 and Re. 1 in a pit near the hand pump installed in his courtyard after digging the floor, and he knew about the same and he could get the: same recovered after identification. His disclosure statement was recorded and the same was attested by the prosecution witnesses. Then Hans Raj accused led the police party to the place of recovery and in accordance with his statement, he got recovered a white coloured bag containing the currency notes of the denominations mentioned above and the amount recovered was Rs. 4,42,730. The currency notes were put into a bag, which was duly sealed, with the seal bearing mark 'AK' and. the same were taken into possession. On 2/3/1996 accused was interrogated by SI Udiq Chand in the presence of Sukhdev and Bakhshish Singh, conductors of Punjab Roadways, Muktsar Depot, and on interrogation, accused disclosed that he had kept concealed the currency notes after putting the same into a plastic envelope, which was put into a tin box and the currency notes were of the denomination of Rs. 50 and 10 and some currency notes were in bundles and some in loose form and the base (box ?) was hidden in a corner of his kitchen and he could get the same recovered. The disclosure statement of the accused was recorded and the same was signed by the accused and attested by the aforesaid PWs. Then the accused led the police party and got recovered a tin containing currency notes, which was put into a polythene bag and the total amount recovered was Rs. 1,14,800. The currency notes were converted into parcels and were taken into possession. Blood-stained earth and the empty cartridges were sent to the Chemical Examiner and after completion of the investigation the accused was sent up for trial.

(3.) Accused was charge-sheeted under Sections 302/452/397 of the Indian Penal Code and 27 of the Arms Act, to which he did not plead guilty and claimed trial.