LAKHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeals stand directed against the judgment of the learned Additional Sessions Judge, Fast Track Court, Solan, Himachal Pradesh, rendered on 25.03.2013 in Sessions Trial No.17 FTC.7 of 2011 whereby the learned trial Court convicted the appellants/accused as under: -

(2.) The facts relevant to adjudicate the instant case are that on 11.6.2011 at about 3.45 a.m. Manjit Kumar @ Luxmi Chand salesman at Jai Hind Petrol Pump at Kumahrada Dharampur was on duty along with Yog Raj another salesman when accused Banti and Dharamveer came at Petrol pump with a 5 liters green coloured can, purchased diesel of Rs.200/ - and gave currency note of Rs.1000/ - to Yog Raj who returned them the balance amount of Rs.800/ -. Again after about 10 -15 minutes, all the accused persons came with a white coloured can for purchasing diesel for their vehicle and purchased the same for Rs.120/ -, paid a currency note of Rs.500/ - and when Manjit Kumar @ Laxmi Chand went inside the office of Petrol Pump for bringing the balance amount, the accused persons entered the office room and attacked him with kicks and fist blows. It is alleged that all the accused persons in furtherance of their common object gave blows of danda on head of Manjit Kumar which was lying inside the petrol pump and owing to the blows given with force, it got broken into two pieces followed by merciless beatings to both the employees, namely, Manjit Singh and Yog Raj working at Jai Hind Petrol Pump. It is further case of the prosecution that accused persons had inflicted injuries with knife on the persons of Manjit Singh and Yog Raj upon which blood started oozing profusely from the injuries sustained by both the injured persons. In the meanwhile, accused Lakhan Singh entered the office room and removed the entire cash and while taking away the currency notes lying inside the office, the door made up of glass was also banged which was resultantly broken. It is further alleged that after beating Manjit and Yog Raj mercilessly with danda and knife, dragged them into the store and were confined there which was bolted from outside and the accused persons fled away from the spot by vehicle No.DL -8SZ -0444 (Indica Car of Black colour) and also took away with them the mobile phone of Manjit besides BSNL landline set and Tata Indicom set lying in the office of Petrol Pump. Injured Manjit and Yog Raj shouted for help from inside the store but there was none to hear their voice as it was dark around, however, both of them somehow managed to open the window of store room and came out of the same and ran towards the liquor vend nearby and knocked the shutter of the liquor vend for help when one Sanjay Kumar salesman came out who noticed that both Manjit Singh and Yog Raj were bleeding profusely. It is further case of the prosecution that said Sajnay Kumar informed Ashok Gupta (a person who was looking after the affairs of the petrol pump) telephonically about the occurrence. Said Ashok Gupta on receiving such information, rushed to the spot and reached there along with his son Vishal Gupta, noticed the injuries sustained by Manjit Kumar as well as Yog Raj and Ashok Gupta telephonically informed police about the incident. On such information being received by the Police, PSI Kshama Dutt along with other police officials visited CHC Dharampur and moved application for conducting medical examination of both the injured persons. PSI Kshama Dutt recorded the statement of injured Yog Raj under Section 154 Cr.P.C. and sent rukka for registration of FIR in pursuance to which FIR No.88 of 2011 came to be recorded. The then SHO Pritam Singh, Police Station, Dharampur along with police officials visited the spot and noticed blood stains on the floor, wall, store room as well as outside the office of petrol pump who lifted blood samples putting in the four papers which were put in a match box followed by preparation of seizure memo affixing seal 'M' and also seized two broken pieces of danda made of wood, broken pieces of glass lying in the office of petrol pump which had been identified by Ashok Gupta belonging to his office. Spot map was also prepared.

(3.) The further case of the prosecution is that one Sanjeev Kumar was owner of black coloured Indica Car bearing registration No.DL -8SZ -0444 but the said vehicle was in possession of Akhilesh Kumar of District Aligarh, U.P. SHO Pritam Singh formed a police team led by SI Sukhdarshan on 16.6.2011 and the team was sent to Delhi in search of vehicle aforesaid as well as the accused persons. Thereafter, SI Sukhdarshan visited village Bheempur, District Aligarh, U.P. whereat Akhilesh Kumar disclosed that he had engaged accused Sonu as a driver on the Indica Car and on being interrogated accused Sonu, he revealed the names of other accused persons who were accompanying him in the aforesaid car on the relevant date. Consequently, the accused persons were arrested. On conclusion of investigations into the offences allegedly committed by the accused a report under Section 173 of the Code of Criminal Procedure stood prepared and filed in the competent Court.