AVTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant Avtar Singh (hereinafter referred to as the accused) has filed this appeal against the judgment of the learned Sessions Judge, Una, dated December 4, 1985, whereby he was held guilty for the offence under section 397 read with section 394 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years.

(2.) The prosecution story before the trial Court was that two ladies, namely, Sarla Devi and Jogindero, wives of Khushal Chand and Hem Raj respectively, who were cousin brothers to each other, residents of Una, had on July 29, 1980, gone to the Gurudwara Baba Subowana in village Haroli at some distance from Una within the territory of Una District, alongwirh their three minor children to pay their homage in the said Gurudwara. After doing so, they came back and stood on a road side bus -stand to catch a bus back to Una. After a short while another person Yog Raj, resident of neighboring village Padhauri, also came over there as he also intended to catch a bus for his village. Meanwhile, the accused came there in the company of his co -accused, Joginder Singh and Hardev Singh from the side of Haroli. The accused then took out a country made pistol which he had hidden at the place where his pyjama was tied with a string and pointed it at the two ladies and said Yog Raj, threatening them with dire consequences in case they raised any alarm. The accused then relieved said Sarla Devi of her golden ear -rings which the accused snatched from her ears causing hurt to the ear -lobes which started bleeding. At the same time the other two co - accused also relieved Smt. Jogindero of her golden earrings and Yog Raj of his wrist watch and a purse containing occurrency notes worth Rs 500 and three coins of Baharein Emirate and then ran away towards a jungle on the side of Jasjon village in the State of Punjab near the border of Una District and before running away from there, the accused again held out a threat that the two ladies and Yog Raj will be done to death in case they raised any alarm.

(3.) The two ladies and said Yog Raj, however, later on did raise an alarm shouting loot Ha, loot lid and on hearing this a number of persons gathered over there and after they were told by the victims of the robbery that the accused and his companions had run away towards Jaijon side after releiving them of their valuables, those persons as also victim Yog Raj himself ran in pursuit of the three accused. Said Yog Raj, however, went only half way and then came back while the accused were still not traced and went home. Some of the other persons, however, continued the chase of the accused and two of them, namely, Mohinder Singh of village Kante and Charan Singh, Head Teacher, Government Primary School Padhauri, went to village Palkwah and caught a bus from there to village Jaijon and at Jaijonthey contacted Bhagat Singh, the then Pradhan of the Gram Panchayat, Jaijon and sought his help in apprehending the accused. Meanwhile, those other persons who were chasing the accused also located the three accused in a Khud near Jaijon. Said Bhagat Singh then alongwith other persons of village Jaijon then also went to the Khud where the accused were being hotly chased, in order to apprehend them and ultimately overpowered the three accused in the khud. At the time of the apprehension of the accused, the accused even fired five rounds from his pistol to scare -away the persons chasing the accused but in vain and the chasing crowd belaboured them by pelting stones in order to over -power them. The three accused were then kept in Gita Bhawan at village Jaijon with the police who were the Incharge of a barrier over there during the night, At that time a cloth -bag was recovered from the accused which contained his red coloured turban, a wrist watch, two pairs of ear -rings of gold and currency notes worth Rs. 310 and two live cartridges and a country made pistol. Next morning the three accused were then taken by said Bhagat Singh, Charan Singh and Mohinder Singh to the police station, Mohilpur in the State of Punjab.