LALA ALIAS LAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the appeal against their conviction and sentence under Section 395 IPC were filed by the accused appellants Lal Singh and Ajit Singh. As usual the prosecution case begins with the first information report ex. P. 3. Briefly speaking, the prosecution case is that P. W. 2 Shri Vikram singh, the victim of this occurrence, lodged written report Ex. P. 3 at Policy Station Mundawar, district Alwar at about 7. 40 p. m. on 15. 2. 96 with the averments that he was preparing his meals in a room at the petrol pump situated near village Mundawar. Three unknown persons respectively armed with revolver, knife and saria entered the room at about 7-20 to 7-30 p. m. , surrounded him and asked for key of cash box. On account of fear, he handed-over the key and the 4th person took away Rs. 26,000/- from that box. All the accused person went away alongwith two containers of oil and telephone instrument. Before leaving the place he was confined to the room and the show room was also shut from the out side. Thereafter they left by a maruti Car. In the meantime, he pulled the door and came out. On hearing his hue and cry one Ram Swaroop came and threw stones towards the car. Formal F. I. R. Ex. P. 4 was registered under Section 392 IPC. After investigation two accused persons Ram Avtar and Ajit Singh were charge sheeted under Section 395 IPC and investigation against the remaining four accused persons including accused appellant Lal Singh was kept pending as provided under Section 173 (8) Cr. P. C. Subsequently, additional charge sheet was filed against the accused appellant Lal Singh. It is also stated here that the accused Ram Avtar was released on bail by learned Judicial Magistrate, Narnol in some other case and thereafter the accused Ramavtar did not appear in the Court. Hence trial commenced only against both the accused appellants.

(2.) CHARGE under Section 395 IPC was read over to the accused appellants. They pleaded not guilty and claimed trial. During trial the prosecution examined as many as eleven witnesses. The accused appellants were examined as provided under Sec. 313 Cr. P. C. They denied the prosecution evidence. The accused appellant Ajit Singh stated that he was admitted in the hospital and the S. H. O. came to him alongwith Vikram Singh and demanded a sum of Rs. 15,000/- from him but he expressed his inability to pay the amount. Therefore he was taken to the petrol pump and was shown to the witnesses. After hearing learned counsel for the parties the learned Additional Sessions Judge No. 2, Kishangarh Bas, district Alwar, convicted and sentenced both the accused appellants under Section 395 IPC to undergo five years R. I. and a fine of Rs. 1,000/- and in default six month's R. I. Feeling aggrieved against this judgment, both the accused appellants filed separate appeals.