- (1.) By way of the instant appeals, the appellants have challenged the judgment and order dated 14/20.11.2007, passed by the learned Additional Sessions Judge (II), Jind, (hereinafter as 'the trial Court'), whereby all the accused (herein 'the appellants') have been convicted for commission of offence under Section 395 of the Indian Penal Code, (for short, 'the IPC') and sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs. 10,000/- each or in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. Accused appellant, Leela @ Raj Narain, has also been convicted under section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. However, both the sentences of accused Leela @ Raj Narain, have been ordered to run concurrently. The brief facts of the case, as recorded by the learned trial Court in opening para 2 of the impugned judgment, are reproduced as under:- 2. Brief facts of the case are that on 23.6.2003 ASI Bhim Singh alongwith other police officials were present at Old Bus Stand Uchana. In the meanwhile, Sh. Khazan Chand son of Gopi Ram, Caste Mahajan, r/o Uchana Mandi met him and produced before him MLR belonging to him. On this ASI recorded his statement to the effect that he is resident of Uchana Mandi. He stated that he was having a Grain Merchant shop in Grian Market, Uchana under the name and style of Copi Ram Suresh Kumar. On 23.6.2006 at about 11.15 AM, he went to PNB Uchana mandi to withdraw the cash amount of Rs. 1,50,000/-. He kept the amount in a cloth bag having a chain. When he reached near 'Rajbaha', then three young boys came on a Hero Honda Motor cycle. All those boys stopped him and started snatching his bag in which Rs. 1,50,000/-were kept. On objecting by him, one of those persons took out his pistol and hit the butt of pistol on his head. Then the second person took out his pistol and hit the butt four times on his head. Then the third person inflicted blow with iron rod on his both hands. All the three persons dragged him on the road and inflicted the injuries on his knees. They snatched the bag containing Rs. 1,50,000/- from him. The belt of the bag was left in his hand. Then his uncle Mittersain son of Nigahia Ram, Mahajan reached at the spot and nearby shop-keepers also rushed the spot on hearing the noise. All the three persons sped away from the spot towards the station side on their motor cycle. They also threatened the complainant to kill him with fire shot in case the bag was not handed over to them. Then his uncle admitted him to CHC Uchana for treatment. On the basis of this statement, case under Section 392 IPC and 25 of Arms Act was registered. During the investigation, accused were arrested. They made their disclosure statements about commission of dacoity and involvement of total seven accused in the offence and thus offence under Section 395 of Indian Penal Code was added later on. In pursuance of disclosure statement made by the accused persons, recovery was effected from the possession of each of the accused....
(2.) Upon presentation of challan, charge under Section 395 IPC was framed against all the accused-appellants and Section 25 of the Arms Act, against Leela @ Raj Narain, to which, they pleaded not guilty and claimed trial. However, as the accused-Kuldeep died on 10.10.2003, therefore, proceedings were dropped qua him.
(3.) In order to substantiate the charges against the accused, the prosecution examined Kuldeep Singh, Additional Ahlmad to JMIC, Hisar, as PW1; Shamsher Singh, Copyist in the Court of SDJM, Hansi, as PW2; HC Dharambir Singh as PW3; Khazan Chand as PW4; Mitter Sain as PW5, Balwan Singh, SIDPO as PW6; SI Prem Chand as PW7; Kuldeep Gupta, Draftsman as PW8; ASI Ved Singh as PW9; SI Sohan Singh as PW10; SI Sadhu Ram as PW11; ASI Mahabir Singh as PW12; SI Jitender Singh as PW13; SI Dalbir Singh as PW14; HC Mahabir Singh as PW15; Constable Vinod Kumar as PW16; ASI Bhim Singh as PW17; and Shri Niwas, Stenographer, District Magistrate, Jind; as PW18. PWs Constable Mahender Singh; Constable Nasib Singh and Constable Rameshwar Dass, were given up as unnecessary.;