Punjab-Haryana High Court
State Of Haryana vs Vipin Etc on 1 October, 2014
Criminal Appeal No. 1862-SB of 2002 [ 1 ]
In the High Court of Punjab and Haryana at Chandigarh
Criminal Appeal No. 1862-SB of 2002
Date of Decision : October 01,2014
State of Haryana ... Appellant
Versus
Vipin and others ... Respondents
********
Present: Mrs. Shalini Attri, Deputy Advocate General, Haryana.
None for the respondents ******** Ashutosh Mohunta, Acting Chief Justice
1. The present appeal arises out of judgement of acquittal dated 10/05/2002 passed by the Additional Sessions Judge, Rohtak vide which the respondents herein have been acquitted of the offence punishable under sections 398 & 401 IPC and Section 25 of the Arms Act by giving benefit of doubt.
2. Unfolding the facts of the present case, on 14/05/2000 at about 9PM, Pawan Kumar told SI Ishwar Singh that 3 persons were looting the people passing by them in their vehicles. On the basis of said statement, formal FIR for the offence punishable under section 398, 401 IPC and section 25 of the Arms Act was recorded by HC Om Prakash at Police Station Sadar Rohtak. Thereafter, SI Ishwar Singh alongwith Pawan went to Chamarian turning where they found 3 SANDHU RUPINDER KAUR 2014.10.29 15:36 I attest to the accuracy and integrity of this document Criminal Appeal No. 1862-SB of 2002 [ 2 ] young boys trying to run away in their own car on seeing the police Gypsy. SI Ishwar Singh stopped his Gypsy in front of their car and thus by preventing them from escaping, apprehended them. On conducting their personal search, Vipin accused was found carrying 832 bore country made revolver in his right side pocket of pant, Rajkumar accused was having a Kulhari type of a dragger in the Socks of his right foot and Surinder accused was found carrying a knife in his right side pocket of the pant. All the weapons were taken into possession by the police. The Maruti car bearing registration number HNS-171, which the accused were driving, was found with a spare number plate bearing No.HR-05-9567. The said car along with the spare number plate were also taken into possession by the police. Thereafter, a rough site plan of the place of occurrence was prepared, statements of the witnesses were recorded and consequent upon the same accused were arrested.
3. Since accused Vipin was found armed with a 32 bore country made revolver, so sanction to prosecute him under section 25 of the Arms Act was obtained from District Magistrate, Rothak, by SI Ishwar Singh. On completion of the investigation, challan against the accused was prepared and presented before the Chief Judicial Magistrate, Rothak who vide his order dated 26/04/2001 committed the case to the Court of Sessions.
4. On finding a prima facie case punishable under section 398 and 401 IPC and under section 25 of the Arms Act, all the accused were charge sheeted for the same vide order dated 11/07/2001. SANDHU RUPINDER KAUR 2014.10.29 15:36 I attest to the accuracy and integrity of this document
Criminal Appeal No. 1862-SB of 2002 [ 3 ]
5. In order to establish its case, prosecution examined PW1 Satpal Singh- armourer, PW2 HC Om Parkash, PW3 SI Ishwar Singh, PW4 Constable Jagdish, PW5 SI Banarsi Dass, PW7 Shri Niwas, PW8 Pawan Kumar-complainant and thereafter closed the evidence.
6. In defence, statements of the accused under section 313 Cr.P.C. were recorded wherein they denied all the allegations against them and stated that they have been falsely implicated in the case. However, in support of their defence, they chose not to lead any evidence.
7. Learned State Counsel has argued that PW8 Pawan Kumar- complainant has fully supported the case of the prosecution being a whistleblower inasmuch as he had given the information with regard to the accused looting the people passing by them near Chamarian turning to SI Ishwar Singh and when he alongwith SI reached the place of occurrence, they found the accused trying to run away in their vehicle on seeing the police Gypsy, on which they were stopped by the police and apprehended on the spot. She further argued that recovery of firearm and other weapons have been made from the accused by the police from their personal search which were used in commission of the crime and hence commission of the crime by them is established on record.
8. No representation on behalf of the respondents was there either on 20/02/2014, 20/03/2014 and also today i.e. 01/10/2014 and SANDHU RUPINDER KAUR 2014.10.29 15:36 I attest to the accuracy and integrity of this document Criminal Appeal No. 1862-SB of 2002 [ 4 ] therefore the present appeal is being heard and decided on the assistance rendered by the learned State Counsel.
9. The star witness for the prosecution in the present case is PW8 Pawan Kumar- complainant but unfortunately he has not supported the case of the prosecution and hence denied that the accused attempted to rob him. The fact that the accused were apprehended at the spot with various weapons does not prove that they have used the same for committing robbery as no evidence worth in support has either come on record or has been led by the prosecution. Even no evidence has been brought by the prosecution on record that the accused belonged to a gang of robbers and were habitual of committing robbery. Further, not a single cartridge was recovered from the possession of accused Vipin from whom country made revolver was recovered and thus by no stretch of imagination it can be assumed or foreseen that in the absence of ammunition, the accused was attempting to commit robbery with an empty fire arm. Even the said firearm allegedly recovered from the possession of accused Vipin, was not sealed at the spot and no reason is forthcoming from SI Ishwar Singh for the said lapse. Even the conduct of SI Ishwar Singh is not above board in the present case inasmuch as he would not have taken 1 hour in talking to the complainant for getting his statement recorded but instead would have first rushed to the place of occurrence so as to nab the robbers.
10. The star witness- complainant having not supported the case of the prosecution coupled with the slipshod and lackadaisical SANDHU RUPINDER KAUR 2014.10.29 15:36 I attest to the accuracy and integrity of this document Criminal Appeal No. 1862-SB of 2002 [ 5 ] investigation having been carried out in the present case by SI Ishwar Singh, does not at all prove that the accused have either committed or have attempted to commit robbery on people passing by them near Chamarian turning and thus the learned trial Court has rightly acquitted them by giving benefit of doubt, which to my mind does not call for any interference as it is a settled law that if two views are possible, then the one favouring the accused must be adopted as choosing the other in the absence of concrete evidence and material on record would tantamount to infringement of Article 21 of the Constitution of India.
11. In view of the above, I dismiss the present appeal preferred by the state and accordingly uphold the judgement of acquittal dated 10/05/2002 passed by the Additional Sessions Judge, Rothak.
12. The bail bonds furnished by the accused in terms of order passed by this Court dated 18/11/2002, stand discharged.
(ASHUTOSH MOHUNTA) ACTING CHIEF JUSTICE 01.10.2014 rupi SANDHU RUPINDER KAUR 2014.10.29 15:36 I attest to the accuracy and integrity of this document