Criminal Appeal No. 462-SB of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Appeal No. 462-SB of 2002 Date of Decision: August 11, 2010 Balwinder Singh alias Bittu ...........Appellant Versus State of Panjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.J.B.S.Gill, Advocate for the appellant. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab ** Sabina, J. Accused-Balwinder Singh alias Bittu appellant was convicted for an offence under Sections 394 and 411 of the Indian Penal Code (for short `IPC') vide judgment dated 1.3.2002 passed by the Additional Sessions Judge, Hoshiarpur. Vide order of even date, the accused was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- under Section 394 IPC and was further sentenced to undergo rigorous imprisonment for a period of one year under Section 411 IPC. Hence, the present appeal by the accused- appellant. Prosecution case, as noticed by the trial Court in para No. 1 of its judgment, is reproduced herein below:- “1. Briefly stated the case of the prosecution is that on 17.5.99 at about 8.00 PM PW Rakesh Sood closed his shop and went to the Sarain adjoining his shop. At about 10.00 PM he was coming on Criminal Appeal No. 462-SB of 2002 2 foot from Sarain. At that time he was in possession of Rs.5000/- which was sale price of the Kariyana goods. 40 currency notes were of the denomination of Rs.100/- each, 10 notes were of the denomination of Rs.50/- each and 50 notes were of the denomination of Rs.10/- each. The currency notes were in the bag alongwith one identity card. When he reached in the closed street which is not a thoroughfare near his house at about 10.15 PM. In the meantime accused Balwinder Singh came there to whom he know earlier. Balwinder Singh was accompanied by one youth to whom he does not know. Accused caused injuries on his head and they snatched his bag. Balwinder Singh accused also showed him revolver. He received many injuries on his person. He was taken to civil hospital Hoshiarpur by his nephew Vikas Sood where he was medically examined. On the basis of statement Ex.PA made by PW Rakesh Sood, the present case FIR was registered against the accused. During the investigation of the case, blood stained clothes i.e. Kurta Ex.P1, Payjama Ex.P2 and Baniyan Ex.P3 of PW Rakesh Sood were taken into possession which were made into parcel, and sealed with the seal bearing impression CR and were taken into possession vide recovery memo Ex.PB. On medical examination as many as 8 injuries caused by a blunt weapon were found on the person of PW Ralesh Sood. On 20.5.99, accused Balwinder Singh was interrogated by SI Chhaju Ram and on interrogation he disclosed the police custody that he has kept concealed Rs.2000/- in a bag in his residential house in Mohalla Kirti Nagar and he only knows this Criminal Appeal No. 462-SB of 2002 3 fact and he can get the same recovered. The statement of the accused Balwinder Singh Ex.PH was reduced into writing which was signed by the accused and attested by ASI Ram Sarup and ASI Mohan Lal. In consequence of the disclosure statement made by the accused, the accused Balwinder Singh has got recovered Rs.1800/- in currency notes. One of the currency note bears the signature of Rakesh Sood complainant. The bag of the currency notes were taken into possession vide memo Ex.PJ. The blood stained clothes of Rakesh Sood were sent to the Director, Forensic Science Laboratory, Punjab Chandigarh who vide his test report Ex.PO has opined that Kurta Payjama and Baniyan were stained with human blood.” After hearing the learned counsel for the parties, I am of the opinion that the present appeal deserves dismissal. PW1 Rakesh Sood, while appearing in the witness box, has categorically deposed that on 17.5.1999 at about 9.00 PM while he was going from his shop on foot along with cash in his bag, he was stopped by the appellant, who was accompanied by another person at about 10.15 PM in the street near his house. The said street was not a thorough fare. An injury was caused on the head of the witness and his bag was snatched. Balwinder Singh, appellant has pointed out a revolver at him. He had suffered injuries on his person. PW2 Doctor Parampal Singh Sandhu, who had medico legally examined Rakesh Sood on 17.5.2009 at about 11.15 PM found the following injuries on his person:- “1. A diffused tender swelling 4 cm in diameter, present on the Criminal Appeal No. 462-SB of 2002 4 head, 13 cm. above the right ear with a horizontal cut laceration 2cm x 0.2cm, in its centre. Fresh bleeding was present. X-ray advised. 2.A diffused tender swelling 2 cm x 2 cm was present in front of left ear. X-ray was advised. 3.A diffused tender swelling 2 cm in diameter with freshly oozing abrasion in its centre was present behind left ear. X-ray was advised. 4.A diffused tender swelling 1.5 cm. in diameter with fresh abrasion was present in between the upper lip and left nostril. 5.A diffused tender swelling 4 cm x 4 cm with freshly oozing abrasion was present o the left shoulder. X-ray advised. 6.Left cheek was reddish and slightly swollen and tender. Advised x-ray. 7.A reddish bruise 1.2 cm in diameter was present on the back (small of back), 4 cm towards left side of midline. 8.A diffused tender swelling 1.2 m was present on left knee. X-ray was advised.” As per the doctor, the weapons used qua all the injuries was blunt. PW4 Vikas Sood had taken the injured to the hospital after he was inflicted injuries by the appellant. During investigation, appellant was interrogated and Rs.1800/- kept concealed by him in the bag in his residential house were recovered. Out of the said currency notes, one currency note of Rs.100/- and one currency note of Rs.10/- were having the signatures of complainant- Rakesh Sood. The bag, identity card bearing signatures of the complainant Criminal Appeal No. 462-SB of 2002 5 and the currency notes were duly identified by the complainant. Thus, the prosecution had been successful in proving its case. The appellant had way laid the complainant and had robbed the bag of the complainant in which he was carrying the sale amount. The statement of the complainant being natural inspires confidence. Complainant had no reason to falsely involve the appellant and shield the real culprit. In this case, the complainant had duly identified the appellant as the appellant was already known to the complainant. Complainant has withstood the test of cross-examination. Since the injuries were also inflicted on the person of the complainant, the trial Court rightly convicted the appellant under Section 394 IPC. However, the conviction of the appellant under Section 411 IPC is unwarranted as the appellant has been convicted for an offence under Section 394 IPC. Vide order of sentence, the substantive sentence of imprisonment awarded to the appellant in FIR No.84 dated 20.5.1999 under Section 25 of the Arms Act registered at Police Station City Hoshairpur was ordered to run concurrently with the order of sentence passed in this case under Section 394 IPC. The said part of the order of the sentence is maintained. Accordingly, the conviction and sentence of the appellant under Section 411 IPC are set aside and conviction and sentence of appellant under Section 394 IPC, as ordered by the trial Court, are upheld. Appeal stands disposed of. ( Sabina ) Judge August 11,2010 arya