R.B.Lal - (1.) THIS appeal is directed against the judgment of the Sessions Judge, Pauri Garhwal, dated 30-9-80 convicting the appellant of an offence under Section 395 IPC and sentencing him to undergo rigorous imprisonment for seven years.
(2.) A gang of five Badmashes which was armed with firearms looted some groups of pilgrims on 29-5-78 between 10.30 A. M. and 5 P. M. at a distance of 4 or 5 kilo metres from the temple of Neelkanth Mahadeo when the latter were returning from the temple to Rishikesh, within police station Laxman Jhoola, district Pauri Garhwal. The group consisting of Umesh Kumar Varma, his wife, mother, married sister, her husband and other persons reached the scene of occurrence at about 10.30 A. M. on its way to Rishikesh and was looted by the aforesaid gang and was relieved of cash and ornaments. Some members of the group were also manhandled. After looting this group, the miscreants took it to a Khai which was about 25 paces below, and compelled it to sit down there under threats of shooting, two miscreants kept guard on this group. At about 2.30 P. M. another group consisting of Sanjay Kumar Saxena and others happened to reach the scene of occurrence and was looted by the gang. This group was also taken to the Khai and was made to sit there. Two more groups of pilgrims consisting of ten persons and a guide Dili Ram (PW 8), reached the scene of occurrence at about 5 P. M. The members of these groups were also relieved of their ornaments and cash. The guide was also relieved of Rs. 15/- which were in his pocket. Both these groups were also taken to the Khai and made to sit there. Group of one Magan Lal resident of Calcutta also chanced to arrive at the scene of occurrence and was relieved of cash and a wrist watch and made to sit in the Khai. The miscreants threatened all the pilgrims and ordered them to remain sitting till they (miscreants) had left the scene by motor vehicle. The terrified pilgrims remained sitting in the Khai till about 6 P. M. when they heard the sound of a motor vehicle going away from the place of occurrence. The pilgrims concluded that the miscreants had left and thereafter they proceeded towards Rishikesh and came to Swargashram at about 8 P. M. Umesh Kumar Varma wrote down the report of the occurrence and noted in it details of the ornaments, cash and other articles which were looted from various groups. This report was submitted at police station Laxman Jhoola, the same night at 11.30 [P. M. Shri Man Singh (PW 17), Station Officer, police station Laxman Jhoola, started investigation of the case. He interrogated Umesh Kumar, Dili Ram, Smt.Uma Burman, Smt.Kamlesh Tandon and others. He continued the investigation till 6-8-1978 when he was transferred from the police station. His successor Hari Ram Singh (PW 19) took up investigation of this case. On 12-11-1978 at about 5 P.M. Inspector Om Prakash. (PW 4) of Criminal Investigation Agency staff, was on patrol duty in the town of Hoshiarpur (Punjab State). Sub-Inspector Ujagar Singh (PW 18), Assistant Sub-Inspector Gurumej Singh (PW 10) and some other police officials were with him. This party came near a by pass and took a turn towards Tanda. At that time one Keemti Lal (PW 1) was also passing that way. The police party saw two persons coming on a bicycle. The movements of those persons created a suspicion in the mind of Inspector Om Prakash and he stopped them and asked them to show papers concerning the cycle. When those persons were unable to produce the papers, the Inspector took the cycle in his custody and interrogated them. Those persons were Laxman Das, the present appellant, and one Gurdeo Singh. The interrogation of Laxman Das revealed his complicity in a number of cases including the aforesaid dacoity case which had taken place on 29-5-78. Laxman Das and his companions were arrested and made Bapurdah and were brought to police station Sadar Bazar Hoshiyarpur. The arrested persons were produced before the Magistrate on 13-11-1978 and thereafter detained in the Lock-up at police station Sadar Bazar. Laxman Das appellant offered to point out the shops where looted ornaments of the aforesaid dacoity were disposed of. It appears that one Shiv Prasad was arrested on 13-11-78 and his interrogation revealed his complicity in the aforesaid dacoity case. On 16-11-78 both Laxman Das and Shiv Prasad took Sub-Inspector Ujagar Singh (PW 18) and witness Keemti Lal (PW 1) to the shops where looted ornaments had been disposed of. First, these arrested persons took Ujagar Singh and the witness to the shop of Ravindra Kumar (PW 2) in Dibbi Bazar, Hoshiyarpur. Ravindra Kumar handed over two gold rings, one gold chain, one pair of gold tops, one gold om patra and one pair of silver Paizeb (Exs 3 to 8) to the Sub-Inspector who prepared recovery memo Ex. Ka. 12. This shop-keeper also produced entry (Ex. Ka. 3) of sale of these ornaments in his Bahikhata (Ex. 10.) The entry bore the thumb-mark of Laxman Das. The recovered ornaments were made into a sealed bundle. Thereafter, the two arrested persons took the Sub-Inspector and the witness to the shop of Vijai Kumar (PW 3) in Pratap Bazar, Hoshiyarpur. Vijai Kumar produced seven gold bangles. He also produced his Bahi Ex. 11 in which there was entry Ex. Ka. 4 about the sale of the bangles to him and which bore the thumb-mark of Laxman Das. The Sub-Inspector prepared recovery memo Ex. Ka. 13 and put the recovered bangles in a sealed bundle.
(3.) RAMESH Chandra Gautam (PW 11) Sub-Inspector, police station Laxman Jhoola, went to Hoshiyarpur and brought Laxman Das appellant and Shiv Prasad alias Bhola from Hoshiyarpur jail to District Jail, Pauri under parda. The two accused were taken out of Hoshiyarpur jail on 27-4-79 and admitted in the jail at Pauri on 29-4-79. These accused were kept in the lock-up of police station Kotdwar on the night of 28-4-79. The identification of the person of Laxman Das was held in the district jail, Pauri on 28-7-79 by Shri J.S. Negi, ASDM (PW 15). This officer also held identification proceedings of the recovered ornaments on 30-7-79. Sri R. P. Misra, Magistrate also held identification proceedings of the recovered ornaments on 23-11-79 by some witnesses who were unable to attend on 30-7-79.;