- (1.) FOUR appellants Jai Singh (A-1), Raja Ram(A-2), Kalloo (A-3) and Ajay Pal (A-4) are aggrieved by their conviction and sentence judgement dated 31.7.1981 passed by IVth Additional Session's Judge, Budaun in two connected trials, S.T. No. 120 of 1979, State Vs. Jai Singh and others, and S.T. No. 121 of 1979, State Vs. Jai Singh relating to P.S. Rajpura, District Budaun. (A-1) has been convicted u/s 392/397 I.P.C. and 25 of the Arm's Act and has been sentenced to seven years and two years R.I. respectively for those offences. (A-2), (A-3) and(A-4) have been convicted under Section 392 I.P.C. with sentence of four years' R.I. for the said crime. ( A-4) has further been convicted under Section 411 I.P.C. with sentence of two years R.I. for it. Both the sentences of ( A-1) and (A-4) were directed to run concurrently by the Ld. Trial Judge. It is this conviction and sentence which is under challenge in the instant appeal.
(2.) SHORN of unnecessary eschewable details, prosecution allegations against the appellants, in nut shell, as was sketched in the written F.I.R., exhibit Ka-1, by the informant Bahadur Singh(PW1) were that he had gone to Anoop Shahar market to sell ground-nuts starting from his house at 7-8 a.m. and had reached the said market before mid- noon. After selling the ground-nuts, he had purchased a bed-sheet from the market which he had kept in a carry bag. Pooran Singh and Master Ram Kumar (P.W.2) met (P.W.1) in the market and all the three were returning back to their village. Informant was slightly ahead of rest of the two and when he reached near Gauri Shanker's brick klin, all of a sudden, four miscreants, sprang up from road side ditch and rounded up the informant and robbed him of his bed sheet with carry bag, at country made pistol point, which was wielded by one of the robbers. Rest of the three miscreants were armed with blunt objects. Informant (P.W.1) raised hue and cry which attracted (P.W.2), Ram Prasad, Devi, Ram Swaroop and many others towards the scene, who all surrounded the miscreants and after belabouring them, apprehended them at the spot, who all later on disclosed their identities as Jai Singh (A-1) from whom country made pistol, eight hand filled cartridges and three factory made cartridges were recovered, Raja Ram(A-2), Kalloo(A-3) and Ajay Pal(A-4). The carry bag and bed sheet was recovered from the possession of (A-4).Soon after the incident, a Head Moharrir and two constables of police outpost Gawan also arrived at the scene and with their help apprehended accused along with recovered weapons and looted articles were brought to Police Station Rajpura, District Budaun, covering a distance of 12 kilometers, where the informant lodged his written F.I.R. exhibit Ka-1, already scribed by Ram Kumar(P.W.2), the same day at 9.15 p.m., u/s 392, 397 I.P.C. Head Moharrir Chandra Pal Singh registered the written report, prepared chick F.I.R. exhibit Ka-2 and the relevant G.D. entry exhibit Ka-3. Head Moharrir also recovered and seized the weapon, the cartridges and the looted bed-sheet and had also lodged the apprehended accused in police lock up. From appellant(A-3) a looted handkerchief and a wrist watch were also recovered. Seizure memo of country made pistol and the cartridges is exhibit Ka-4, that of bed-sheet is exhibit Ka-5, However, no seizure memo of the wrist watch was got proved by the Head Moharrir (P.W.-3). Bed sheet and carry bag are material exhibit-1, and country made pistol and live cartridges are material exhibits 2 to 4. Investigation into the crime was commenced by S.I. Man Singh Sirohi (P.W.-5) who interrogated the informant and fact witnesses, Ram Kumar and Pooran Singh, at the police station and recorded their statements. Thereafter, he interrogated the apprehended accused. Subsequent thereto, I.O. interrogated the police constables and, on the following day, conducted spot inspection and prepared site plan exhibit Ka-6.After conclusion of the investigation,( P.W.5) had charge sheeted all the accused, vide exhibit Ka-7. Separate charge sheet was filed against accused(A-1) under Section 25 of the Arms Act, vide exhibit Ka-8.
(3.) THE sanction for the prosecution of appellant(A-1) was proved by Ram Narain, Arm's Clerk (P.W.6) who had produced the charge sheet before the then District Magistrate, Sri Subhash Chandra Agarwal, who had accorded sanction (exhibit Ka-9) for prosecution of the said appellant under Section 25 of the Arm's Act. Charge sheeting of the accused resulted in their summoning and their case was committed to Session's Court, where it was registered as two separate trials being S.T. No. 120 of 1979 against all the accused appellants, under Sections 392, 397, 411 I.P.C. and S.T. No. 121 of 1979, State Vs. Jai Singh, under 25 Arm's Act. Since both the trials emanated from the same incident and the witnesses were common, therefore, the IV Additional Session's Judge, Budaun, clubbed them and conducted a joint trial. Vide, separate orders, both dated 23.11.1979, all the accused were charged under Section 392 I.P.C. Accused Jai Singh was further charged under Section 397 I.P.C. and 25 of the Arm's Act. The charges were read out to the accused who denied the same and claimed to be tried and consequently, to establish their guilt, and bring home the framed charges, their prosecution commenced, during course of which, prosecution relied upon oral testimonies of six witnesses out of whom informant Bahadur Singh (P.W.1) and scribe of the F.I.R. Master Ram Kumar Tiwari (P.W.2) were fact witnesses. Formal witnesses included S.I. Chander Pal Singh (P.W.-3), S.I. Natthu Singh (P.W.4), S.I. Man Singh Sirohi (P.W.5) and Clerk Ram Narain (P.W.6).;