NARAIN SINGH Vs. THE STATE

JUDGEMENT

(1.) THE judgment will dispose of three Criminal Revision Petitions 63 -D of 1961, filed by Narain Singh, 71 -D of 1961, filed by Sher Singh and Nachhittar Singh, and 90 -D/ of 1961, in which a learned Judge of this Court had issued notice for enhancement of sentence in Criminal Revision No. 71 -D of 1961. These petitions arise out of the judgment of the learned Additional Sessions. Judge dated 25th February, 1961, convicting the three petitioners under section 394/34, Indian Penal Code, and sentencing them to nine months' rigorous imprisonment each.

(2.) THE prosecution story is that on 23rd February, 1957 P.W. 9, Major B. Hanner, came to New Delhi and visited Connaught Place. He had to go back to Calcutta the same night by plane, which had to leave Palam Airport at 11 -5 P.M. At about 7 P.M., he is alleged to have hired a taxi, which was being driven by Sher Singh. He asked the taxi -driver to go to Sikandara Road hutments, wherefrom he had to collect his kit. Nachhittar Singh, the other petitioner, is also alleged to have sat in the taxi along with Sher Singh. In the way, Nachhittar Singh asked the Major if he needed some good food. On the Major's giving the reply in the affirmative, both Sher Singh and Nachhittar Singh took him to the house of Narain Singh, the third petitioner. There the Major was served with food and whisky, which the purchased with his money. At about 10 P.M., the Major asked them to take him to Palam Airport. At this both Sher Singh and Nachhittar Singh sat on the front seat and Narain Singh sat with the Major on the back seat, saying that he wanted to go at a short distance of 2/3 miles. The prosecution story goes on to say that when the taxi had gone for some distance, it was stopped by Sher Singh. All the petitioners then pounced upon the Major and robbed him of his wallet containing Rs. 1,200/ -, his cigarette -case with gold lining and a signet ring. The Major succeeded in opening the door of the taxi and came out. All the three petitioners followed him and beat him. He then ran away and hid himself in the bushes nearby. Upon this, the petitioners left the place in that very taxi. A Motor -rickshaw happened to pass by that way and the Major got into the same and came to the police -station, where he lodged the first information report at about 1 A.M. He was examined by P.W. 14, Dr. Daya Nand, on 24th February, 1957 at about 11 -45 A.M., who found as many as 10 simple injuries on his person. Nachhittar Singh was arrested soon after the occurrence, while Sher Singh was arrested at 4 P.M. on 24th February, 1957. Narain Singh, however, is alleged to have absconded and he surrendered himself in Court on 2nd March, 1957. In an identification parade, which was held on 26th February, 1957, the Major is alleged to have correctly identified both Sher Singh and Nachhittar Singh. Narain Singh, however, refused to participate in the identification parade, which was going to be held for his identification on 15th May, 1957. After the investigation of the case, the petitioners were challaned.

(3.) NARAIN Singh, petitioner, also pleaded not guilty to the charge and denied the allegations made against him. He stated that the case had been brought against him due to his enmity with Malik Ishar Dass, Prosecuting Sub -Inspector. He also added that he did not know Nachhittar Singh and Sher Singh. He stated that it was a fact that he refused to participate in the identification parade, because he had been shown to the Major. The accused produced two witnesses in defence.