Tilak Raj vs State of Haryana

Kiran Anand Lall, J.—Police Station City, Rohtak sent up Tilak Raj appellant and one Brij Mohan, to court for trial under Sections 392 and 397 of the Indian Penal Code (for short "the Code"), on the allegations that on 14.12.1988 at 6 P.M. they stopped a diary owner, Jai Parkash, on the way when he was taking milk to Kath Mandi, Rohtak on a cycle. They asked him to hand over to them whatever he had, after placing knife at his neck. Thereafter, they took out two currency notes of the denomination of Rs. 100/- each along with a bill, from his pocket, and fled away. Soon thereafter, Ran Singh and Siri Bhagwan reached the spot and chased them but they succeeded in running away. Jai Parkash lodged report with the police and on the basis thereof this case was registered. The appellant was arrested on 22.12.1988. During investigation, he got recovered one hundred rupee currency note and the bill in question from under the bushes by the side of railway-line in pursuance of a disclosure statement made by him. The other accused Brij Mohan was arrested on 30.12.1988. He, too, got recovered a hundred rupee currency note from his house in pursuance of a disclosure statement made by him.

After receipt of the case by way of commitment, learned Additional Sessions Judge, Rohtak, tried the appellant and his accomplice Brij Mohan. On completion of trial, Brij Mohan was acquitted, while the appellant was convicted u/s 392 read with Section 397 of the Code and was sentenced to undergo rigorous imprisonment for 7 years, on October 17, 1990.

Against the judgment of trial court, the appellant filed this appeal. As he had not engaged a counsel, the court provided the assistance of Shri J.S. Dhillon, Advocate, as Amicus curiae.

When the appeal was taken up today for hearing, none appeared on behalf on the appellant.

Shri Yash Pal, learned Assistant Advocate General, rightly pointed out that the complainant, Jai Bhagwan, had fully supported the prosecution case before the learned trial court by giving all the details of the occurrence including that it was the appellant who had placed knife at his neck and thereafter the money and the bill were taken out from his pocket by him (appellant) and his accomplice. He further pointed out that the complainant was rightly believed by the learned trial court as he was an independent person and did not have any motive to falsely implicate the appellant in this case. It is further to be found in the judgment under appeal that P.W. Ran Singh reached the spot and he was told by the complainant that he had been robbed by two persons at the point of dagger. Further corroboration of the prosecution case is forth coming from the testimony of the investigating officer, Inspector Manohar Lal (PW-6), who deposed that the appellant got recovered a hundred rupee currency note and the bill in question (Ex. PE) in pursuance of a disclosure statement made by him during investigation, before him.

Learned trial court had thus rightly held that the case against Tilak Raj appellant stood proved beyond doubt and as the case against the other accused Brij Mohan was not free doubt in so far as his identity was concerned, he was acquitted.

Thus, finding no merit in the appeal on the point of conviction the same is dismissed. In so far as the verdict of sentence is concerned appellant appears to be a first offender. He was a young man of 24 years of age at the time of occurrence. He has been suffering the rigours of criminal trial for the last more than 14 years. Learned Assistant Advocate General pointed out that he had remained in custody in this case for a period of two years. Keeping in view all these facts and circumstances, the sentence awarded to him by the trial court is reduced to the sentence already undergone by him.