HARBANS SINGH RAI,J - (1.) THIS order will dispose of Criminal Appeals Nos. 508-SB of 1985 (Vinod Kumar v. U.T. Chandigarh) had 540-SB of 1988 (Paramjit v. U.T. Chandigarh), as they arise out of same judgment.
(2.) VINOD Kumar and Paramjit appellants in both the appeals were convicted by Additional Sessions Judge, Chandigarh, under Section 392 read with Section 397, I.P.C. and sentenced to seven years R.I. each and a fine of Rs. 200/- each and in default of payment of fine further R.I. for two months vide his order dated October 14/16, 1985. Feeling aggrieved they have filed these appeals. Prosecution case, as deposed by Sham Sunder P.W.7, is that he was running a shop of general merchant in village Darua. The shop is owned by Parkash Chand Sarpanch. On February 8, 1983, at about 8.45 P.M. Sham SUnder P.W. was closing his shop by locking the same as he was to go to his house. One person approached him on the pretext of purchasing wheat flour. He opened the lock and the shutter and went inside the shop. The said person followed by two others also entered the shop. According to prosecution, the other two persons are appellants. All the three had knives. They appointed knives towards Sham Sunder P.W. and asked him to hand over whatever he had. Sham Sunder was assaulted with knives. He raised an alarm. The noise raised by him attracted Parkash Chand, Sardev Singh P.W. and others. Two out of those three persons ran away taking purse of Sham Sunder, which had Rs. 1500/- in it and his wrist watch. Some change lying in the cash-box was also removed. But one out of them was apprehended and he was Vinod Kumar appellant. When Vinod Kumar was being taken to Police Station by the P.Ws., A.S.I. Krishan Chand, who was on patrol duty, met them on the way. Sham Sunder gave his statement Exhibit P.I. and F.I.R. Exhibit P-1/A was recovered on the basis of his statement.
(3.) VINOD Kumar, who was produced by the P.Ws. before the police, was arrested. He had a knife Exhibit P.1. and a watch Exhibit P.2 belonging to Sham Sunder. These were taken into possession.;