GURBAKHSH SINGH Vs. STATE

JUDGEMENT

(1.) Gurbakhsh Singh aged 18/19 years, Ram Chander aged 20 years and Kimti Lal aged 20 years were convicted by Sessions Judge, Karnal under sections 394 and 397, Indian Penal Code. Under sections 394, Indian Penal Code, each one of them had been sentenced to six years' rigorous imprisonment. Under State Government 397, Indian Penal Code, they had been sentenced to 4 years' rigorous imprisonment each. The sentences under both of the offences, however, were made to run concurrently. Gurbakhsh Singh, Ram Chander and Kimti Lal have come up in appeals to this court agianst their convictions and sentences. Gurbakhsh Singh filed Criminal Appeal No. 87 of 1957 whereas Ram Chander and Kimti Lal instituted Criminal Appeal No. 115 of 1957. This judgment will disposed of both of the said appeals.

(2.) About a couple of days before the day of occurrence Sawan Singh, a vendor in salajeet, zaafran and other things, came with his family to Gharaunda and ptiched his tents near a school. On 28th June, 1956, the night of occurrence, Charanji and his wife Mst. Chongi, P.Ws. occupied one of the tents and in the other were housed Sawan Singh, and his wife Mst. Sharbati Bai along with children. At about midnight the appellants along with others are alleged to have come to tent in which Charanji P.W. Sawan Singh and his wife got up. Before long three of the said robbers and his wife were sleeping, molested him and his wife and robbed them of their belongings. On the shouting of Charanji P.W., Sawan Singh and his wife got up. Before long three of the said robbers came to the tent occupied by Sawan Singh and his family, fell upon them, used abusive language and gave them beating. They removed the silver ornaments and gold nose-pin from the person of Mst. Sharbati Bai and a purse containing money and other household utensils from the tent. After administering a good beating to the inmates and thorougly ransacking both the tents the robbers ran way. Thereafter Sawan Singh went to the police station and lodged the first information report giving the account of the occurrence.

(3.) The night on which this incident took place was moonlight and it was stated that the robbers remained at the spot of occurrence for about an hour.