CHANDRA KISHORE VERMA Vs. STATE

JUDGEMENT

(1.) The appellant, Chandra Kishore Verma along with five others were put on trial for committing the offence under Sections 395, 397 and 120-B of the Indian Penal Code and under Section 27 of the Arms Act for committing dacoity in the house of the informant, Om Prakash Pacheriwala. The learned trial court by the impugned judgment dated 20th August, 1993 convicted and sentenced him for the aforesaid offences and directed him to undergo R.I. for a period of 7 years under both counts. So far as the other accused who were put on trial along with the appellant, were acquitted from the charges.

(2.) The prosecution story, in short, is that on 18-09-1991 at about 8.15p.m., while the informant, Om Prakash Pacheriwala along with his son, Vijay Kumar and an employee Bachu Singh were making account of days' sale in their house, two dacoits armed with pistol entered into the said room and asked for money and other valuables. The informant's son, Vijay Kumar started to put the bundles of the currency notes into the bag of the dacoits and thereafter one of the dacoits asked for the key of the almirah and they took out ornaments from almirah and came down from the room with the looted articles. The informant raised alarm, upon which the brother of the informant, Shyam Sundar Pacheriwala came out his room and at that time dacoits started fleeing away. Informant's brother, Shyam Sundar Pacheriwala started chasing the dacoits and inmates of house started raising alarm. The informant's brother, Shyam Sundar Pechriwala could catch hold of one of the dacoits, who was trying to get himself released. The informant also reached there and caught the said dacoit near the betel shop of one Pradeep and brought him near his house. In the meantime, the police arrived there before whom the F. I. R. was lodged. The informant took out a revolver and a cartridge from the possession of the said dacoit, who disclosed his name as Chandra Kishore Verma. The dacoit, Chandra Kishore Verma (appellant) disclosed the name of his associates as Subhash Yadav, Birendra alias Birni Yadav, Arjun Rawani, Barun Rawani and Lakhpati, who allegedly committed dacoity in the house of the informant.

(3.) The learned trial court on the basis of the evidence adduced on behalf of the prosecution acquitted the other accused mainly on the ground that they were not put on T.I. Parade and were identified for the first time in Court.