- (1.) J. N. Dubey, J This appeal is directed against the judgment and order dated 12th May, 1988 of Sri Muhi-Ul-Islam, VIII Additional Sessions Judge, Moradabad passed in Sessions Trial No. 281 of 1984 convicting and sentencing the appellants under Section 392, I. P. C. for three years R. I. and under Section 411, I. P. C. for two years R. I. Both the sentences were directed to run concurrently.
(2.) THE case of the prosecution is that on 19th May, 1993 Girish Kumar, PW 3 alongwith his driver Jagdish Prasad PW 4 and servant Dinesh Kumar were going from Delhi to Bareilly in an Ambassador Car. When they reached Kashipur Tirha on Moradabad-Rampur road at about 6. 00 p. m. three persons -one sub- Inspector of Police, one Police Constable and one civilian stopped their Car. THE Sub-Instector of Police told Girish Kumar that he had received information that they were indulging in smuggling and therefore he wanted to search their vehicle. Girish Kumar readily agreed to give search of the vehicle. THE Sub- Inspector of Police took them to a lonely place where he searched the Car and robbed them of Rs. 1,00,000 which were lying in the desk-board. THE Sub-Inspector of Police was short statured with small pox marks on his-face. He was wearing police dress without name plate and was armed with pistol. THE Police Constable was tall, slim with black complexion. He was also wearing police dress without name plate and was armed with twelve bore gun. THE third person was tall, with fair complexion and was wearing ordinary dress. The F. I. R. of the incident was lodged by Jagdish Prasad, PW 4 at Police Station Katghar, district Moradabad on 20th May, 1993 at 12. 15 p. m. The Inspector of Police Jia Nand Sharma, PW 7 took over the investigation of the case on 20th May, 1983. He recorded the statements of the prosecution witnesses, visited the place of occurrence and prepared the site-plan on the same day. After returning from the place of occurrence, he alongwith Jagdish Prasad, PW 4 and Dinesh Kumar started search of the appellants who were found standing before their houses in Lajpat Nagar at about 6 p. m. On seeing the appellants Jagdish Prasad, PW 4 and Dinesh Kumar identified the appellants and stated that they alongwith one another person had robbed them on 19th May, 1992' Jia Nand Sharma recorded the statements of the appellants who while confessing their guilt stated that their share of booty was kept by them in their houses. They took the police party to their houses where on their pointing out Rs. 25,000 were recovered from the house of appel lant Virendra Singh and Rs, 11,000 from the house of appellant Banwari Lal, Jia Nand Sharma prepared the recovery memo and site plan showing the place of recovery and thereafter took the appellants to the Police Station ba-parda alongwith the amount recorded on their pointing out. They were subsequently produced before the Magistrate and sent to jail. On 9th June, 1993 the appellants were put for identification in District Jail, Moradabad, in presence of Sri M. A Khan, Special Executive Magistrate, PW 4. Both the appellants were correctly identified by Girish Kumar, PW 5.
(3.) ON 26th June, 1983 Inspector T. C. Tyagi, PW 13 took over the investigation for the case, on the same day he learnt that accused Brij Mohan Kaushik had been arrested by the Police Station Kotwali, Bareilly. He went to Bareilly where he found accused Brij Mohan Kaushik in police lock up. Thereafter he alongwith other police personnels took Brij Mohan Kaushik to his house where a sum of Rs. 8,600 was recovered on his pointing out from an Almirah. T. C. Tyagi prepared the recovery memo and site plan showing the place of recovery. Accused Brij Mohan Kaushik was also made ba-parda. On 27th June, 1982 accused Brij Mohan Kaushik assisted T. C. Tyagi, PW 13 in getting the accused Dev Dutt Sharma arrested near the crossing of Police Lines, M. T. Gate alongwith a country-made pistol and four live, cartridges. On 28th June, 1982 T. C. Tyagi PW 13 recorded the statement of Bhoop Singh, S. H. O. of Police Station Kotwali, Bareiily. In the mean time he learnt that Smt. Omwati, wife of accused Brij Mohan Kaushik had an account in Central Bank of India at Bareilly in which she had deposited a sum of Rs. 10,000 on 20th May, 1983.;