Decided on July 04,2013



- (1.) Pw 2 Vijay Kumar wrote a complaint (Ext. Ka- 1) to SO, Rudrapur, on 25.05.1991, which was registered as case crime no. 336 of 1991, under Sections 392 and 397 IPC. The incident allegedly took place on 25.05.1991, at 4:15 p.m., and the first information report was lodged on the selfsame date, at 5:05 p.m. The distance between the place of occurrence and the PS concerned was one kilometer. The first information report was lodged within one hour and therefore, there appears to be no delay in lodging the first information report.
(2.) After the investigation, a charge-sheet (Ext. Ka- 5) against Jarnail Singh and Jogender Singh was submitted in respect of an offences punishable under Sections 392, 397 and 411 IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charges for the offences punishable under Sections 392, 397 and 411 IPC were framed, to which they pleaded not guilty and claimed trial. PW 1 Rajesh Kumar, PW 2 Vijay Kumar, PW 3 Bhagwan Singh Bhandari, PW 4 Ravindra Kumar Sharma, PW 5 Bhavnath Singh, PW 6 Yashpal Singh Solanki were examined on behalf of the prosecution. No evidence was given in defence. Incriminating evidence was put to the accused persons, in which they said that they have falsely been implicated in the case. After considering the evidence on record, accused Jogender Singh was exonerated of the charges levelled against him. Accused Jarnail Singh (appellant) was convicted under Section 392 read with Section 397 IPC and was sentenced to undergo rigorous imprisonment for seven years along with a fine of Rs. 2000/-. Jarnail Singh was also convicted under Section 411 IPC and was directed to undergo rigorous imprisonment for three years, by order dated 03.12.2001. Aggrieved against the said Judgment and Order, present Criminal Appeal was preferred.
(3.) Prosecution led the evidence through PW 2 Vijay Kumar, who, in his examination-in-chief, said that the incident took place on 25.05.1991. He was a businessman by profession. He collected Rs. 22,000/- in Gadarpur and Rudrapur, which money was kept in a blue bag. PW 2 was to board the daily bound bus from the Rurdrapur. It was 4:15 p.m., three persons came on motorcycle. Out of those three, one person approached PW 2. That miscreant asked PW 2 to handover the bag to him or else PW 2 would be killed. He showed country made pistol to PW 2. PW 2, out of fear, handed over the bag containing money to the accused. All the three accused persons fled away towards Kashipur bypass. PW 2 identified those, who looted money from him. PW 2 proved his complaint (Ext. Ka-1) and also said that he went to sub jail, Haldwani for identification of the accused persons. He identified accused-appellant (Jarnail Singh) correctly, in as much as, it was Jarnail Singh, who came to PW2 along with revolver and took away the bag containing money. He identified his signatures on the identification memo (Ext. Ka-2). PW 2 also said that he did not see Jarnail Singh in between the date of incident and the date of identification parade. PW 2 went to tehsil Kichha for identification of his property. He identified the currency, which was in the denomination of Rupees 10/-, Rupees 20/- Rupees 50/- and Rupees 100/-. The total amount was Rs. 20,000/-. A sum of Rs. 22,000/- was looted, out of which Rs. 20,000/- was recovered. He also identified his bag, which was looted. He also identified the identification memo (Ext. Ka-3) of the property. PW 2 also said that kurta-pyjama was also kept in the bag, which he brought before the Court on the date of his deposition. PW 2 also said that he handed over Rs. 20,000/- to one Jwala Das, who was a resident of Rudrapur, as per the orders of the Court. Jwala Das was his business partner.;

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