M.L. Shrimal, J. - (1.) This appeal is directed against the judgment dated December 18, 1975 of the learned Sessions Judge, Bharatpur, whereby he convicted and sentenced accused appellants Jagan Singh, Hari Singh and Maharaj Singh as under: - - Harisingh U/s. 392 IPC 5 years rigorous imprisonment and a fine of Rs. 500/ -. In default of the payment of fine to further undergo six month's rigorous imprisonment, U/s. 120B IPC. Same as above Jagan Singh and Maharaj Singh U/s. 392/34 IPC 5 years' rigorous imprisonment and a fine of Rs. 500/ -. In default of the payment of fine to undergo rigorous imprisonment for a further period of six months. U/s. 120B IPC Same as above. The substantive sentences of imprisonment were ordered to run concurrently. Tersely speaking shorn of unnecessary details the prosecution story as disclosed at the trial is that PW 1 Jangjeet Singh was the Chairman of the Co. operative Society, Nayagaon and accused Jagan Singh was its Secretary. An amount of Rs. 23000/ - was realised by the Sarpanch on behalf of the Society and it was to be deposited in Bank at Roopwas. On May 17, 1975 PW 1 Jangjeet Singh in the Company of Jagan Singh started from his village for Roopwas. He had kept a sum of Rs. 19000/ - in a lather bag and Rs. 4,000/ - in his pocket. In the way Kanchan Singh PW 2 met them. After some time Chandan Singh PW 3 also met them. All of them started together for the village Roopwas. When Jangjeet Singh and his party reached near Nadia, two unknown persons (later on identified as Hari Singh and Maharaj Singh) met them. After for a while all of them sat under a Neem tree near village Chekora at 9.30 a.m. for smoking bidi. Jangjeet Singh lighted the bidi after putting the bag containing the currency notes on the ground. Hari Singh accused availed of the opportunity and lifted the bag and ran away. Maharaj Singh also followed him. They were chased by other persons. At that stage Maharajsingh fired a shot from his gun. On the hue and cry raised by Jangjeetsingh and others the villagers of Chekora and Panduri also followed the accused and they caught hold of Maharajsingh and Hari Singh with the leather bag and a gun. It is the common case of the parties that at the time of running away Hari Singh threw Rs. 9,800/ - out of the bag, which was being carried by him. The first information report Ex P 9 of this occurrence was lodged at the Police Station, Roopwas on May 17, 1975 at 11.45 a.m. During the course of investigation Rs. 9,800/ - were seized by the police vide Ex/4 Accused Maharaj Singh, Hari Singh and Jagan Singh were arrested on the spot vide arrest memos Ex P 6, Ex P 7 and Ex P 8 respectively. At the time of arrest gun article 2 was seized from the possession of accused Maharaj Singh vide memo Ex P 5. The police after investigation submitted a challan against all the three accused in the court of Munsiff Magistrate, Bayana, who committed the accused to the court of Sessions Judge, Bharatpur for taking their trial under Sec. 392 read with Sec. 34 IPC.
(2.) The accused pleaded not guilty to the charge and the prosecution examined 7 witnesses in support of their case, out of whom P V 1 Jangjeet Singh is the Sarpanch from whose possession accused Hari Singh is alleged to have taken away the money bag by committing robbery. PW 2 Kanchan Singh and PW 3 Chandan Singh have been examined as eye witnesses of the occurrence. Pannalal PW 7 is the investigating officer in the case.
(3.) The accused denied their complicity in the crime. They examined two witnesses in their defence.;