- (1.) Challenge in this revision petition is the judgment dated 11.10.2004 passed by Shri Sanjiv Kumar, Additional Sessions Judge, Ambala vide which the appeal preferred by accused/petitioners against the judgment and order dated 20.12.2003 passed by Mr. N.K.Singhal, learned Judicial Magistrate Ist Class, Ambala City, who convicted and sentenced all the accused under Section 392 IPC whereas accused Gurdarshan Singh and Kulwinder Singh were also convicted under Sections 467 and 468 of the IPC, was dismissed.
(2.) Briefly stated law was set in motion by recording the statement of Surinder Gupta, Excise Inspector, who stated that on 3.6.2002 he along with Nirmal Prakash (PW-3)peon were on duty and were collecting the tax at Dhulkot. He was doing his job of tax collection. In the meantime, at around 3.00a.m. three young persons came there, one of them was having a revolver in his hand and appeared to be the leader of that gang came there and at about 4.30.am., all these three persons entered the cabin. Two of them were having revolvers and pointed the same towards the complainant and the peon and threatened them not to move and raise noise. The third person collected the entire cash lying in the drawer of the table and all those three persons went away from there telling the complainant etc. not to create noise, otherwise they would be killed. All those three persons went on foot towards Baldev Nagar, when the complainant and the peon came out of the cabin, all those three persons fled away in a Tata Sumo vehicle white colour towards Baldev Nagar. The cash looted by the three persons was Rs.40,840/-. On the basis of aforesaid complaint, FIR was recorded by ASI Narinder Singh and investigation commenced. During investigation, the accused were arrested. Statements of the witnesses were recorded. After completion of the investigation, challan was presented against the accused.
(3.) On appearance of the accused copies of the documents as relied upon by the prosecution were supplied to the accused free of costs. Accused was charge sheeted under Sections 392, 467, 468 of the IPC and 25 of the Arms Act, to which the accused pleaded not guilty and claimed trial.;