H.K. Sema, J. - (1.) Leave granted in S.L.P (Crl.) No. 1491 of 2005.
(2.) Criminal Appeal No. 345 of 2005 is preferred by Surender Singh (A-1) and Criminal Appeal 74 of 2006 @ S.L.P. (Crl.) No. 1491 of 2005 is preferred by Vikas (A-3). The appellants Surender Singh and Vikas were convicted by the Trial Court along with one accused Dharmender (not before us) for an offence under Section 392 and sentenced to undergo RI for seven years and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo RI for one year. They were also convicted for an offence under Section 394 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo RI for one year. They were further convicted for an offence under Section 397 IPC and sentenced to undergo RI for ten years and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo RI for one year. The appellant Surender Singh was also convicted for an offence under Section 25 of the Arms Act and was sentenced to undergo RI for two years and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo RI for six months. All the sentences, however, were ordered to run concurrently. The High Court, on appeal, preferred by the accused, reduced the sentence to seven years under Sections 394 and 397 IPC albeit without assigning any reasons. The sentence of the appellants under Sections 392 IPC and 25 of the Arms Act were, however, maintained. Aggrieved thereby, the accused-appellants preferred these appeals by special leave.
(3.) Briefly stated the facts are as follows: On 7.2.2000 at about 12.20 p.m. complainant Ramesh Batra (PW-9) along with Baldev Raj (PW-2) were going to deposit the sale proceeds of the petrol pump amounting to Rs. 62,000/- with Oriental Bank of Commerce, Gannaur. When they were in front of the bank, three young boys confronted them. One of them was armed with pistol, another was having knife and the third one was empty handed. The scooter by which they were travelling was stopped and the boy who was empty handed tried to snatch the bag from Baldev Raj (PW-2). When PW-2 resisted, the boy who was armed with knife gave a knife blow on his person. Thereafter, the unarmed boy snatched the bag and tried to run away. On alarm being raised many persons came at the spot and overpowered the boy armed with knife. The boy who was caught at the spot told his name as Dharmender A-2 (not the appellant). He also disclosed the names of other two boys who had escaped with the bag as Vikas (Appellant in Crl.Appeal No. 74/06 @ S.L.P (Crl.) No. 1491/05 and Surender (Appellant in Crl.A.No.345/05). Thereafter, PW9 Ramesh Batra after sending PW-2 to the hospital went to lodge the complaint and also produced accused-Dharmender. The knife stained with blood was taken into possession by SI Jagdish Chander and on his statement FIR was recorded. At the same time when Inspector Prithvi Singh (PW-13) was coming from Lalheri side in a jeep, he received a wireless message that the accused Vikas and Surender fled with bag and they are being chased by the public. Then he saw the two accused Vikas and Surender being chased by the public. He apprehended them and took them into custody and they disclosed their names as Surender and Vikas. It was further disclosed from the search of Surender, a pistol, two live cartridges of 12 bore and a bundle of currency notes of the denomination of Rs. 50/- each total amounting to Rs. 5000/- having a chit of Oriental Bank of Commerce were recovered while two bundles of currency notes of the denomination of Rs. 50/- each having the chit of Oriental Bank of Commerce, total amounting to Rs. 10,000/- were recovered from the bag which was being carried by Vikas. ;