SATINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment I propose to dispose of two appeals i.e. filed by Satinder Kumar and CRA-S-2529-SB- 2004 filed by Baljinder Kumar alias Basinder Kumar and Satpal all of them being accused in FIR No.224 dtd. 2/8/2002 under Ss. 399/411 IPC, Police Station Sadar Rajpura, who were convicted by Additional Sessions Judge (Ad-Hoc) Patiala vide judgment of conviction and order of sentence dtd. 22/11/2004 and were sentenced as follows:-

(2.) The substantive sentences were ordered to run concurrently. These accused - convicts pray that appeals filed by them be accepted and the judgment of their convictions and order of sentences be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated the facts of the case as per prosecution story are that on 2/8/2002 a police party from Police Station Sadar Rajpura headed by SI William Jesi (hereinafter to be referred as the 'Investigating Officer') was on duty in connection with patrolling and checking of bad elements; that the police party was traveling in an official vehicle bearing No.PB-11-C-7030 and was present at bus stop Jansua, there the Investigating Officer received a secret information that Satpal son of Gian Singh, Satinder Kumar alias Sunny and Basinder Kumar son of Ram Chand and Rashid accused along with another person had assembled near drain of village Jansua and they were sitting in car of Satinder Kumar having registration No.CH01-D-7345 make Maruti; that they were having stolen / looted articles and were planning to commit dacoity / theft, the information was also to the effect that earlier on the intervening night of 28 / 29/6/2002 such persons had committed occurrence of similar nature at Chandigarh and were having cash in their possession and further if a raid was conducted they could be caught red handed along with weapons. The information being reliable one the Investigating Officer sent ruqa to police station which formed basis for registration of the FIR. Then a raid was accordingly conducted at the disclosed place. On seeing the police party the accused who had assembled there started running away. However two of them namely Satpal and Satinder Kumar were apprehended whereas remaining three managed to escape after crossing the drain; that from possession of accused Satpal a bag was recovered which contained an iron rod, cutter and a scissor, those articles were taken into police possession vide memo Ex.PI, Maruti car bearing No.CH01-D- 7345 was standing nearby which was searched and its RC was recovered therefrom, the car along with RC were taken into possession vide Ex.P4, personal search of accused Satpal was conducted which resulted in recovery of Rs.10,000.00 from his right pocket and Rs.5,000.00 from left pocket, that both the accused were interrogated, during the course of interrogation accused - Satpal suffered a disclosure statement that on intervening night of 28 / 29/7/2002 he along with Satinder Kumar and Basinder Kumar and Rashid had robbed Haryana Co-operative Agricultural and Rural Development Bank of Sector 22, Chandigarh and Rs.2,80,000.00 had fallen to his share, from that amount, he had bought one deck, two speakers, one VCD, Television and Rs.2,65,000.00 were lying in steel drum in his house at Ram Darbar, U.T. Chandigarh and he could get the said articles recovered. Disclosure statement was reduced into writing.