- (1.) The appellant was tried by Additional Sessions Judge, Rohtak for offences under Section 394, IPC and also Section 394 read with Section 397, IPC. However, vide judgment dated 2-5-1994, the trial Court acquitted the appellant under Section 397, IPC and converted the charge under Section 394, IPC to that under Section 392, IPC. The appellant was, accordingly, convicted under Section 392, IPC. Thereafter on 3-5-1994, the trial Court sentenced the appellant to undergo RI for three years and to pay a fine of Rs. 250/- for the said offence. In default of payment of fine, the appellant was directed to further undergo simple imprisonment for three months. Hence, this appeal.
(2.) The occurrence in question had taken place on 6-6-1988 at about 8.30 p.m. when Rishipal Singh complainant, who was a student of 10+2 in Senior Secondary School, Rohtak, was walking on foot towards his village. When he reached on the Kutcha Beri Road near New Anaj Mandi gate, two young boys came from behind and stopped him by saying that he should surrender, whatever he was possessing. One of the accused, who was wearing red shirt, gave a fist blow on his face, while the other, who was supporting long hair on his head, showed him a knife. The first boy took out the identity card and Rs. 142/- from the front pocket of the complainant, besides taking off his wrist watch. Both the boys thereafter fled away. They were seen by the complainant in the light of torch. Both boys were in the age group of 18-20 years. While one of them was having a stout body, the other one was slim and smart. Both were wearing pant and shirt. According to the complainant, he could identity both the boys, who had robbed him of his articles, if they were brought before him. The aforementioned statement was made by Rishipal Singh complainant before SI Gian Singh on the same evening at 9.25 p.m. when he met him in the chowk on the Jhajjar Road in the city of Rohtak. The said statement, along with endorsement made by SI Gian Singh, was then sent to Police Station City, Rohtak through C. Baljit Singh on the basis of which formal FIR under Section 392, IPC came into being, about half an hour later, i.e. 9.50 p.m.
(3.) The investigation of the case was taken up by SI Gian Singh, who went to the spot and prepared site plan Ex. PE. On the following day, i.e. on 7-6-1988, the complainant along with SI Gian Singh reached in front of the Anaj Mandi Gate near FCI Godown, where the two boys, who had robbed the complainant a day before, were seen sitting. The complainant apprised the police party about them. On seeing the police party approaching them the two boys started running, but were apprehended. Personal search of the appellant led to the recovery of watch Ex. P1, two currency notes of the denomination of Rs. 20/- each, which were taken into possession by the police vide memo Ex. PC. The complainant identified the watch to be belonging to him. The search of Daya Kishan, co-accused of the appellant led to the recovery of one identity card Ex. P2, along with an amount of Rs. 50/-, which were taken into possession vide recovery memo Ex. PD. During the investigation of the case, Sant Lal P.W. who had earlier gifted watch Ex. P1 to the complainant, also identified the same.;