ONKAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In these appeals filed under Section 374 Cr.P.C., convicts Onkar Singh, Manoj Kumar and Shiv Kumar @ Vicky have assailed the judgment dated 13.02.2013/18.02.2015, passed by Additional Sessions Judge, Una, H.P., in Sessions trial No.07/2013, titled as State of Himachal Pradesh Versus Onkar Singh & others, whereby they stand convicted and sentenced as under: -

(2.) In short, it is the case of prosecution that complainant Bacchan Paswan (PW.2), a resident of the State of Bihar, was working as a labourer in Village Kotla Kalan , District Una, H.P. He had hired a house of one Niranjan Dass (PW.8) in the same village. Complainant also owned one Scooty (Activa) bearing registration No.HP.72 -7363, which was used for travelling between Mehatpur and Kotla Kalan. On 12.11.2012, complainant had stopped at the shop of Ganesh Kumar (PW.4) at Jalgran Chowk for purchasing c igarette. When he handed over currency note of Rs.500/ - it was not accepted as the shopkeeper doubted its genuineness and thought it to be a counterfeit currency. At that, the accused persons were called and the complainant was taken behind the bushes and robbed of Rs.25000/ -. Also they took away his Scooty and by handing over two currency notes of Rs.500/ - and Rs.1000/ -, asked him to leave. Prior thereto, accused also took away h is mobile phone and prepared a video film. In effect, accused wanted to establis h, through the said video clip, that it was the complainant, who was dealing with fake currency. Accused threatened and intimidated the complainant which prevented him from lodging the complaint with the police.

(3.) Out of fear, complainant left for his nat ive place and on his return on 28.11.2012, narrated the incident to Niranjan Dass (PW.8), who approached Dr.Kamal and Praveen Kumar at Mehatpur and on their advice, made a written complaint (Ex.PW.2/A) to the Superintendent of Police, Una, who directed the matter to be investigated, in accordance with law and as such FIR No. 300/12, dated 29.11.2012 (Ex.PW.14/A), came to be registered against the accused at Police Station, Una Sadar, under the provisions of Sections 382, 506, 504 read with Section 34 of the Indian Penal Code. SI Sanjay Kumar (PW.10) conducted investigation and arrested the accused. He took into possession fake currency notes recovered from accused Onkar Singh; as also the scooty and mobile phone of the complainant. The opinion of the expert qua genuineness of the currency notes, so recovered from the possession of the accused, was obtained and report (Ex.P -34) taken on record. Investigation revealed the complaint to be prima facie genuine and as such challan was presented in the Court for trial.