JAGDISH AND ANOTHER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) SIX accused, namely, Umed Singh, Rajbir, Jagdish Kulwant, Krishan and Siri Om alias Hari Om were tried under Section 395 read, with Section 397, Indian Penal Code, in the Court of the Additional Sessions Judge, Bhiwani. Learned trial Court vide an order dated October 31, 1984, acquitted Krishan but convicted the remaining five accused under, the said Sections and -each of them was sentenced to undergo seven years' rigorous imprisonment. Four separate appeals have been filed against this order. The first by Jagdish and Siri Om alias Hari Om (Cr. A. No. 670 -SB of 1984), the second by Umed Singh (Cr. A. No 686 -SB of 1984), the third by Rajbir (Crl. A 201 -SB of 1985) and fourth by Kulwant (Cr. A. 80 -SB of 1985). All these appeals having arisen from the same judgment of the trial Court are being disposed of together.

(2.) THE prosecution has alleged that on the night intervening 30th and 31st August, 1983, Raj Kumar (PW 9) was driving a truck from Kota to Hissar. He was accompanied by Naresh Kumar (PW 10) who was Cleaner of the truck. At about 4.00 a. m. they came across a blockade on the road near village Khorari. The truck had to be stopped because of the blockade. Immediately thereafter the accused armed with lathis and pistols surrounded the truck. Raj Kumar (PW 9) and Naresh Kumar (PW 10) were forcibly pulled out there from and were given a beating. Raj Kumar (PW 9) was robbed of Rs. 700/ - in cash wrapped in a handkerchief and one HMT wrist watch. After this occurrence the dispersants took to their heels Naresh Kumar (PW 10) was left at the spot and Raj Kumar (PW 9) proceeded to lodge the report with the police. He met Head Constable Dalip Singh (PW 12) near Primary Health Centre, Bound, who recorded his statement (Exhibit PJ) on the basis of which a formal First Information Report (Exhibit PJ/1 was recorded at the Police Station. Raj Kumar (PW 9) and Naresh Kumar (PW 10) were medically examined by Dr. R. P. Sharma (PW 2). On the person of PW 9, five minor injuries and on the person of PW 10, four minor injuries were found. Umed Singh accused was arrested by S. I. Sube Singh (PW 19) on September 4, 1983. A pistol and two cartridges were recovered on his personal search. Rajbir, Jagdish, Kulwant and Krishan accused were arrested by the same Sub -Inspector on September 5, 1983. A pistol and one cartridge were recovered from the personal search of Kulwant. Jagdish was carrying a spear which was also taken into possession. Subsequently on September 11,1983, Siri Om alias Hari Om accused were arrested by S I. Sube Singh. A pistol and one cartridge were recovered from him as also a handkerchief (Exhibit P.1) and the wrist watch (Exhibit P.2). The hand -kerchief was identified by Raj Kumar (PW 9) to be the same in which his currency notes were wrapped which were robbed from him by the accused. The wrist watch (Exhibit P. 2) was also identified to be the same watch which was involved in this robbery. Some fingerprint impressions were found on the truck which tallied with those of Umed, Rajbir and Kulwant accused.

(3.) THE accused in their statements under Section 313, Code of Criminal Procedure, pleaded innocence and alleged false implication. The learned trial Court, however, placed reliance on the prosecution evidence and convicted and sentenced the Appellants as mentioned above. The participation in occurrence of the accused Krishan was considered doubtful and he was acquitted.