T.P.Garg, J. - (1.) THIS appeal by Jatan Singh, son of Mahabir Singh Rajput, aged about 30 years, resident of village Beldra, P. S. Kandhala, District Muzaffar nagar, Is directed against the judgement dated 7.2.1979. passed by Sri A.L. Srivastava, Additional Sessions Judge, Saharanpur, whereby he was convicted under Section 395 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 5 (Five) years and also to pay a fine of Rs. 2,000, or in default of payment of fine to further undergo R I. for six months.
(2.) THE accused-appellant alongwith Jabar Singh, Richpal, Krishanpal and Santa alias Santram and Mahabir Singh was charged under Section 395 of the I.P.C. for having looted on 13.8.1977 at about 7.15 p.m. Bus No. HRR 189 at puliya of village Beladra on Hardwar-Lakhnauti Road in the area of P. S. Badgaon along with certain other culprits. THEy were also charged under Section 397, I.P.C. for having used fire-arms and voluntarily causing hurt to the passengers of the said Bus. Richpal, Sant Pal and Mahabir accused were further charged under Section 412, I.P.C. for having been found in possession of looted property, viz. wrist-watches belonging to the passengers of the aforesaid Bus. Brief facts giving rise to the present appeal are as under: On 13.8.1977 Aman Ullah Khan. P.W. 1, working as Driver of Bus No. HRR 189, was taking the said Bus from BHEL, Hardwar to Lakhnauti. The Bus left Deoband at about 6. 45 p.m. for Gangoh. When the bus reached near village Beldra on a culvert at about 7.00 p.m., one of the culprits put his hand on the driver's waist. The moment the driver turned his head to see as to what was the matter, he found another person putting a revolver on his neck and asking him to stop the Bus. As directed by them, the driver stopped the Bus. The dacoits in the Bus snatched the wrist watch and certain amount of money from the driver and also started looting the passengers of the Bus. They also started firing. After removing the valuables from the possession of the passengers, the dacoits got down and made good their escape through sugar-cane fields. A number of Bus passengers were injured. Thereafter, the driver brought the Bus to Badgaon where F.I.R. Ext. Ka-5, was lodged. The Investigation Officer took up the investigation, took into possession various articles he found in the Bus and recorded the statements of the witnesses. The accused was arrested on 14.8.1977. Other accused were also arrested on different dates. He was put up for identification where he was correctly identified by as many as four eye-witnesses including the complainant. After completion of investigation the accused were sent up for trial. In support of its case, the prosecution examined as many as 22 witnesses, P.Ws. 1 to 22. The statement of the accused were recorded under Section 313 of the Code of Criminal Procedure, wherein they denied the allegation and stated that it was a false case against them. They denied having travelled by the said Bus and participated in any such occurrence. Jatan Singh, appellant, further pleaded that he had gone to the house of Mahabir in village Dhoomgarh, where he had gone to bring the wife of his brother, Kant Pal. The accused examined two witnesses in their defence.
(3.) THE learned Additional Sessions Judge believing the prosecution version and disbelieving that of the accused held them guilty under Section 395, I.P.C. and sentenced them to R. I. for five years and a fine of Rs. 2,000 each, or in defalut of payment of fine, the defaulter will further undergo R. I. for six months. All the accused filed separate appeals challenging their conviction and sentence. However, during pendency of these appeals all the appellants, except Jatan Singh, the present appellant, expired and so Criminal Appeals Nos. 962 of 1979, 983 of 1979 and 1162 of 1979 abated vide orders dated 14.2.1995 and 16.4.1992, passed by this court. The present appeal is by Jatan Singh accused alone and he is lodged in Muzaffar nagar Jail on account of his having jumped bail.;