LAWS(P&H)-1949-5-1

PAKHAR SINGH Vs. CROWN

Decided On May 19, 1949
PAKHAR SINGH Appellant
V/S
CROWN Respondents

JUDGEMENT

(1.) PAKHAR Singh, aged 20 years, Naranjan Singh, aged 22 years, Pal Singh aged 25/30 years, and Nihal Singh, aged 21 years, have been convicted Under Sections 392 and 411, Penal Code and sentenced to seven years' rigorou3 imprisonment each Under Section 392, Penal Code, and one year's rigorous imprisonment each Under Section 411, Penal Code. The sentences passed Under Sections 392 and 411 of the Code have been ordered to run concurrently. Nihal Singh, Paghar Singh and Naranjan Singh appeal,

(2.) THE facts, so far as material, are that Mehnga Singh P, W. 1 and Hardial Singh p, w, 7 left Ghall Ealan village at about 2 P. M. on 27th February 1948 for Gajjanwala village. On the way near a well in the area of Safuwala village they met four or five shikaris who informed them that some men were sitting uader suspicious circumstances in the reeds near the khal and that they Bhould proceed cautiously. Mehnga Singh and Hardial Singh, however, moved on and when they reached near a water channel running through a thick growth of reeds on both sides they saw four persons armed with guns coming out of the reeds. Mehnga Singh and Hardial Singh made an attempt to run away but the culprits fired at them from behind and stopped them. The four culprits then robbed Mehnga Singh of Bs. 69, one gold tawiz, one gold ring and one suit case. Hardial Singh P. W. 7 was alse robbed of his belongings. Mehcga Singh and Hardial Singh were detained by the culprits at the spot till 8 P. M. when they were allowed to proceed to Gajjanwala village. Mehnga Singh reported the incident at the police station at Mogo on 29th February 1948 at 10 A, M.

(3.) NOW, on 30th March 1948, Mehnga Singh P. W. 1 was purchasing vegetables from a rehri-wala at Moga when he saw Pakhar Sinkh, convict going towards the railway crossing. He identified him as one of the culprits who had robbed him and Hardial Singh on 27th February. Seeing Mebnga Singh P. W. 1, Pakhar Singh convict tried to bolt away but Mehnga Singh caught hold of him and raised an alarm. Wazir Singh P. W. 11 and Sher Singh came to the rescue of Mehnga Singh and they secured Pakhar Singh convict and took him to the police station at Moga. Pakhar Singh was arrested by Sardar Harnam Singh, Station House Officer, Moga.