NARENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) the appellants viz A/1 Narendra S/o Sita Ram, resident of Hissar (Haryana), A/2 Jo- gendra @ Bharddin @ Bhar Ahmed S/o Sha- khi Mohammed resident of Borang (Mah- an) District, Doda (J&K), A/3 Ajit Singh S/o Shiv Lai, resident of Baliyali, District, Bhi- wani (Haryana), A/4 Kaptan Singh S/o Chandu Lal resident of Samargopalpura, District, Rohtak (Haryana) and A/5 Mukan Lal S/o Bajrang Lai, resident of Anoopsha- har, Tehsil, Bhadra, District, Hanuman- garh were put to trial on the charge of daco- ity along with Asharaf Khan, Rafiq Mohammad, Kan Singh and Ahmed Amir. While the appellants were charged for offence under Section 395 I.P.C. and Section 27 of the Arms Act, the other accused persons since acquitted were charged for offence under Section 395/120-B and 216-A I.P.C. The appellants have been convicted of offence under Section 395 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- each; in default of payment to further undergo 3 months' rigorous imprisonment by judgment dated 31st May 2005 passed by the Additional Sessions Judge, Nohar, District, Hanumangarh.

(2.) On 1.8.2001 P.W.7 Charan Das A.S.I, posted at Police Station, Nohar at about 2.50 P.M. received a telephonic information from P.W.I Ram Kishore to the effect that while he along with the other employees of Public Health and Engineering Department (PHED) were on way to office from the Bank carrying huge salary sum of the employees, five miscreants looted the amount and escaped in Indica Car. Soon police swing into motion. Police party left in a jeep and P.W. 10 Shri Ramgopal Bishnoi, Circle Officer of the Police Station also receiving the information, moved in Gypsy to chase the dacoits. Wireless message was given to the surrounding Police Stations as also the police outposts. Within no time the Indica Car was identified. Seeing the police the dacoits speed up the car. In panic, on Fefana turn the Indica Car lost the balance and dashed against the tree. The occupants of the car came out and started running helter skelter. The police party in two jeeps chased them. The police jeeps jammed in sand. The police party jumped out and chased the dacoits in the field. The hot chase and the pistol fired by the police officers forced the dacoits to surrender. In the first instance 3 accused persons raised hands and at the same time the other two also surrendered. All the accused persons were arrested red handed. The looted property namely the currency notes were recovered on the spot from the appellants. They were taken to the police station. During investigation it revealed that the appellants two days before of the incident i.e. on 29th July, 2001 looted and forcibly took away the car bearing No. HR 31-B-5656 involved in the instant case from the highway leading to Bhiwani (Haryana) from Rajgarh. The car belonged to P.W.8 Dr. Suresh Arya. He lodged F.I.R. Ex. P38 of the incident at Police Station, Bhiwani. They used the said car for committing dacoity removing the number plates. It also revealed that the dacoity was planned by the other local accused persons. Thus, they were charged for offence under Section 395/ 120-B I.P.C. Incriminating articles were recovered from the possession of the accused persons and the others.

(3.) A written First Information Report of the incident was lodged by P.W. 1 Ram Kishore, Store Munshi (Cashier) posted at Sub Division, Gantheli of PHED. He stated that on the date of incident in the afternoon he along with P.W. 2 Sunil Dutt, Store Munshi (Cashier) of Sub Division, Nohar went to the State Bank of Bikaner & Jaipur, Nohar for the collection of the amount of salary to be distributed among the employ- ees of the Department. He carried currency notes in the sum of Rs. 1,67,470/- in a black bag. Sunil Dutt carried currency notes in the sum of Rs. 5,78,126/- in another bag. They were also accompanied by P. W.4 Nisar Mohd., Store Munshi and P.W.3 Vikram Singh Beldar. He stated that at about 2.45 P.M. when they reached near Bihani Guest House all of sudden a Maruti Indica Car of blue colour stopped in front of them. Four persons came out of the car. Two of them were tall whereas other two of medium size. The another person remained sitting on the driving seat. He also gave the description of all the miscreants. The dacoits at the gun point snatched both the bags of currency notes worth Rs. 7,45,596/-. All the five accused persons got into the case and drove away. On this information, police registered a case for offence under Section 395 I.P.C. and proceeded with investigation. After usual investigation police laid charge-sheet against the appellants and others as indicated above.