UNION OF INDIA Vs. ROOP SINGH

JUDGEMENT

(1.) This appeal by the State is brought from the judgment of the Sessions Judge, Kangra in a case under sections 395/397 of the Indian Penal Code, whereby the accused have been acquitted.

(2.) The case of the prosecution was, that Roop Singh, Sohan Singh, Sarab Raj Singh, Shanti Parkash, Ajaib Singh and Surjit Singh joined together and the object was to commit dacoity. Accordingly, Roop Singh was asked to engage Taxi No. PNA/8171 of which the owner -driver was one Niranjan Singh from Amritsar to take them to Hamirpur, Roop Singh engaged that Taxi on February 25, 1968 and asked Niranjan Singh to bring it to village Kadian where these accused were to board that Taxi at 5 a.m. on February 27, 1968. The fare settled was Rs. 100 and R. 10 were paid in advance. Accordingly, on that date Roop Singh was brought by Niranjan Singh in his Taxi and in the way the remaining accused boarded the vehicle and all of them reached the village Tropka at about 4 p. m. That village was a little beyond Hamirpur. At Tropka the Taxi was left and Niranjan Singh was asked to wait for the accused. Thereafter the six accused went on foot and according to the prosecution reached village Kanjian at about 7 p.m. Inside that village, besides others, two shops existed one of Longu Ram and the other of his brother Brij Lai. Two of the accused stayed near the heap of stones lying at the shop of Brij Lal and four of them, namely, Sohan Singh, Surjit Singh, Roop Singh and Sarab Raj Singh proceeded towards the shop of Longu Ram. It is stated that Sohan Singh was armed with a Drat while Surjit Singh was armed with a Kirpan. The other two accused were armed with pistols. On reaching the shop of Longu Ram, Roop Singh and Sarab Raj pointed their pistols and asked Longu Ram to hand over the cash box. Wherefrom Roop Singh snatched that cash box and recovered Rs. 153 from it. Thereafter, Sarab Raj was asked to wait there with pistol and the other accused proceeded towards the adjoining shop of Brij Lal. These accused were Sohan Singh, Roop Singh and Surjit Singh. Roop Singh again showed h is pistol to Brij Lai and wanted him to hand over the cash. It is stated that Rs. 23 were recovered by Roop Singh which were handed over to him as cash by Brij Lal. Sohan Singh also deprived Brij Lal of Rs. 4 which were found in his pocket.

(3.) The prosecution case proceeded that Brij Lal thought of a contrivance to hoodwink the dacoits. He told them that he would bring more money from the upper storey of the shop. He was permitted to go there and he bolted the door from inside. Thereafter, Brij Lal raised a hue and cry which attracted the notice of his brother Rup Lal who came there and saw that the three accused were hammering the doors and wanted to break them open. Rup Lai caught hold of Sohan Singh but at that time he was attacked by Sohan Singh, Surjit Singh and Roop Singh. According to the prosecution he was injured by them by Kirpan and Drat and after he fell unconscious he was given a pistol shot by Roop Singh. Thereafter, the dacoits finding that they could not proceed any further, they made good their escape calling in the way Sarab Raj who was keeping watch for them. At about 12 p.m. in the mid -night they went back to the taxi and Niranjan Singh was waiting for them. Subsequently, they were brought by Niranjan Singh in that taxi back to village Kadian.