STATE OF HARYANA Vs. KIRPAL SINGH

JUDGEMENT

(1.) STATE of Haryana has filed the present appeal and it has been directed against the judgment and order dated 12.3.1987, passed by the court of Additional District and Sessions Judge, Rohtak, who convicted the respondent Kirpal Singh u/ss 392/397, IPC, but instead of awarding the minimum sentence of 7 years, sentenced him to undergo the already undergone imprisonment w.e.f 18.7.1985 to 12.3.1987 (one year seven months and twenty five days) on each count u/ss 392 and 397, IPC.

(2.) RESPONDENT Kirpal Singh s/o Nikka Singh resident of Village Bawani, District Ludhiana, was committed to the court of Sessions by the Court of Sub Divisional Judicial Magistrate, Bahadurgarh, vide order dated 10.9.1986 for standing trial in this case for the offence punishable u/ss 392/397, IPC. His companion Jasmail was declared Proclaimed Offender vide order dated 11.8.1986 passed by the Committing Court and as such proceedings u/s 299, Cr.P.C. were ordered to be recorded against him vide order dated 8.10.1986 of this court.

(3.) JASMAIL Singh, accused, was arrested in case FIR No. 326 dated 29.11.1983 u/s 392, IPC, Police Station City, Gurgaon. During interrogation, he disclosed that he along with Kirpal Singh, accused, had committed robbery in this case and, accordingly, Jasmail Singh, accused, was arrested in this case by SI Prem Singh on 28.12.1983. Jasmail Singh, accused, declined to join the test identification parade. On 3.1.1984, Jasmail Singh got recovered cycle in pursuance of his disclosure statement. On 20.6.1985, it was learnt that Kirpal Singh, accused, was arrested in case No. 208 u/s 25 of the Arms Act registered at Police Station, Jagraon, and during interrogation, he disclosed that he along with Jasmail Singh, accused, committed robbery in the Bank at Bahadurgarh. Kirpal Singh, accused was arrested in this case on 17.7.1985 by HC Chatarbhuj and his judicial remand was obtained by the police on 18.7.1985 for identification parade but he also refused to join the identification parade.