Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 296

SUPREME COURT OF INDIA
ABHAY S. OKA, RAJESH BINDAL, JJ.
Anwar @ Bhugra – Appellant
Versus
State of Haryana – Respondent
Criminal Appeal Nos. 973-974 of 2011
Decided On : 29-03-2023

Advocates appeared:
For the Appellant(s) : Mr. Ankur Mittal, AOR Ms. Zinnea Mehta, Adv. Ms. Nidhi Mittal, Adv.
For the Respondent(s): Mr. Piyush Hans, Adv. Dr. Monika Gusain, AOR

IMPORTANT POINT
Guilt of accused having not been proved beyond reasonable doubt, conviction and sentence cannot be upheld.

Headnote:
Indian Penal Code, 1860 – Sections 394 and 397 – Arms Act, 1959 – Section 25 – Robbery and attack by sharp weapons – Conviction and sentence – It is alleged that appellant was carrying pistol, however there is nothing either in complaint or in evidence brought on record that same was ever used – Recovery of pistol itself is in doubt as memo of personal search after arrest of appellant mentions that nothing was found at the time of his personal search – Recovery of Purse was also seriously doubtful as in FIR there is no allegation that purse was taken by appellant – There are serious defects and anomalies in deposition of complainant – Presence of appellant at crime site becomes highly doubtful – Guilt of appellant having not been proved beyond reasonable doubt, conviction and sentence cannot be upheld – Judgment and order passed by High Court and Trial Court as regards appellant set aside. (Paras 6, 7, 10, 14 and 15)
Facts of the case:
Appellant convicted by the trial court and his conviction and sentence having been confirmed by High Court under Sections 394 and 397 of the Indian Penal Code, 1860 as well as under Section 25 of Arms Act, 1959, has filed the present appeals before this Court.
Findings of Court:
It is strange to note that appellant will continue to carry pistol in his pocket days after incident and will be arrested along with that. Two versions of prosecution namely the memo of his personal search and memo of possession of country made pistol demolish case of prosecution.
Result : Appeals allowed.

JUDGMENT :

RAJESH BINDAL, J.

1. The appellant convicted by the trial court and his conviction and sentence having been confirmed by the High Court under Sections 394 and 397 of the Indian Penal Code, 1860 as well as under Section 25 of the Arms Act, 1959, has filed the present appeals before this Court.

2. The facts as available on record are that FIR No. 104 dated 05.04.1994 was registered at P.S. Gharaunda, (Haryana) under Sections 394 and 397 of the Indian Penal Code, 1860 (for short ‘the IPC’). On 04.04.1994, Jahid (PW-4), the complainant had come to village Barsat for purchasing grocery items from his village Rana Majra. While he was returning to his village after purchasing the goods, he was apprehended by three persons near the cremation ground at about 8.00 P.M. They asked him to hand over whatsoever he had otherwise he would be eliminated. When Jahid (PW-4), the complainant, disclosed to them that he possessed only grocery items, two of them started giving him fist and leg blows. The accused were armed with drant, knife and pistol. The person who was having knife forcibly took his wrist watch.

3. In the meanwhile, a tractor came from side of village Barsat. Seeing the same, Jahid (PW-4), the complainant raised hue and cry for help. Harun Ali (PW-6) and Jain Singh (PW-5) were sitting on the tractor. They tried to catch hold of three persons. In the scuffle, the person who was having a drant gave a blow from its reverse side which struck Jahid (PW-4), the complainant, below his right eye. Another blow struck his left shoulder. Jain Singh (PW-5) was also inflicted injuries with the drant. The person who was having knife inflicted injuries to Harun Ali (PW-6). His purse containing Rs. 20/- and an identity card were taken away. Other person took away purse from the pocket of Jain Singh (PW-5) containing Rs. 15/-. In the meantime, Mahinder Singh a resident of village Balehra came on the spot and on seeing those three persons tried to run away, but one of them who was armed with a knife was apprehended. He disclosed his name as Satpal son of Radhu Ram, resident of village Sadarpur. He also disclosed the names of other accused persons i.e Anwar @ Bhugra son of Manga Ram resident of Mundi Garhi having pistol and Bablu @ Om Prakash son of Ram Singh, resident of Baroli having drant.

4. Taking advantage of the darkness even Satpal ran away from the spot. This was the basis of the FIR. Accused were apprehended on 12.04.1994 and recoveries were made. A country made pistol of .12 bore was recovered from the possession of the appellant, following which FIR No. 111 of 1994 was registered at P.S. Gharunda, (Haryana) u/s. 25 of the Arms Act, 1959.

5. The prosecution produced eight witnesses in support of the case in FIR No. 104 of 1994. After trail, the learned Additional Sessions Judge, Karnal convicted Anwar@ Bhugra son of Manga Ram, Satpal son of Radhu and Om Parkash @ Bablu, son of Ram Singh u/s. 394 and 397 IPC and sentenced them to undergo imprisonment for a period of seven years along with fine of Rs. 2,000/-. In default for payment of fine, imprisonment of 1¾ years was provided. In FIR No. 111 of 1994, the trial court convicted the appellant under Section 25 of the Arms Act, 1959 and ordered to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/-. In appeal, by a common judgment, conviction and sentence awarded by the trial court in both the cases was upheld.

6. The argument raised by the learned counsel for the appellant is that the story built by the prosecution on the basis of the complaint is concocted. In fact, no such incident had taken place. It is alleged that the appellant was carrying pistol, however there is nothing either in the complaint or in the evidence brought on record that the same was ever used. Recovery of the pistol itself is in doubt as the memo of the personal search after the arrest of the appellant mentions that nothing was found at the time of his personal search. In the re

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