JAIMAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Cr. Appeals No. 3385B/1985, 339-SB/1985 and 340-SB/1985 have been filed through jail by Jaimal Singh, Sukhbir Singh and Avtar Singh, respectively. Since all these arise out of a joint trial and a common judgment, the same are being disposed of together.

(2.) The appellants were charged under section 392 read with section 397 Indian Penal Code. They along with two others namely Balbir Singh and Baldev Singh were also charged under section 411 Indian Penal Code. After the trial, the trial court held that as the present appellants have been held guilty under section 392 read with section 397 Indian Penal. Code they were acquitted of the charge under section 411 Indian Penal Code. So far as the other two accused were concerned the only charge against them was under section 411 Indian Penal Code, and Balbir Singh was ultimately sentenced to the period already undergone since he was in custody from 6th October, 1984 to 14th May, 1985, when the judgment was pronounced. Baldev Singh remained in custody for a period of about three months, and it was held that the ends of justice would be met if he was sentenced to a fine of Rs. 1,000/- Only. It is probably for this reason that both Baldev Singh and Balbir Singh have not come up in appeal.

(3.) The prosecution version in brief is that one Prithvi Raj Khanna was coming in his car No. DHC 5196, being driven by Chanan Singh, from Delhi to Yamunanagar and when they reached near the culvert of Kishanpura on Radaur Road, three persons came in front of the car. Out of them one was a Sikh gentleman and the other two were bare-headed. One of them was armed with a gun, the other with a double-barrel gun and the Sikh gentleman had a knife. Description of the three persons was given as under: The Sikh gentleman-of young age, wheatish complexion and of moderate built; The other two were bare headed, of young age, having wheatish complexion, trimmed beard, and of moderate built. The three are alleged to have been spotted on the road in the light of the car and they gave a signal to the car driver to stop and Chanan Singh, the driver, stopped the car there. All the three then asked Prithvi Raj Khanna and the driver to get down from the car to which they complied with. Thereafter these persons abused Prithvi Raj Khanna and Chanan Singh and asked them to surrender whatever they had. Complying with that, Prithvi Raj Khanna gave an amount of Rs. 200/- to the Sikh man. That was the only money he had in his pocket. Chanan Singh stated that he had nothing with him at which the two bareheaded man asked him to hand over his wrist watch and the rings to which he complied with. The wrist-watch was All was and out of the rings one was of gold and the other was of silver. All the three persons took away the car after leaving Prithvi Raj Khanna and Chanan Singh on the road. In the car, some files, documents and some articles were, lying, the list of which was to be supplied later. The car was stated to be of the value of Rs. 34,000/- while the other articles were stated to be worth Rs. 2,000/- approximately. Prithvi Raj Khanna expressed his ability to identify the persons. He gave his statement Ex. P .S. to A.S.I. Jagdish Ram who happened to meet the former on Radaur Road near village Orangabad at about 12-20 p.m. This statement with his endorsement Ex. PS/i was sent by him to Police Station Sadar Yamuna Nagar where formal F.I.R. Ex. PS/2 was recorded. During investigation, one Charanjit Singh who was examined, disclosed that he had also been robbed of his belongings and a motor cycle on the same night, i.e., the night between the 26th and 27th of September, 1984, at about 10-30 p.m., by the said three persons in the same area where Prithvi Raj Khanna and his companion were robbed of.