JUDGMENT 1. - These two appeals are directed against the judgment dated 25.11.87 passed by the learned Additional Sessions Judge, No. 1. Bharatpur. 2. Both the appellants have been convicted under section 392 I.P.C. and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 200/- each. In default of payment of fine, they were further directed to undergo imprisonment for 3 months each. The court has further directed that the Hash may be returned to P.W.5; Parwo. 3. Brief facts of the case are that at about 4 P.M. the complainant Shiv Charan, P.W. 4 and his mother Parwo P.W. 5, were going to their relations. On the way two persons over-powered them and snatched the Hasli which was in the neck of Mst. Parwo. They made a hue and cry. On hearing the hue and cry some persons came at the spot and caught hold of accused who were running after snatching the Hasli. The First Information Report Ex.P. 5 was lodged by Shiv Charan. P.W. 4. at Police Station. Bharatpur at about 6.30 P M. i. e. within 21/2 hours of the incident. Investigating agency was informed that the accused have been caught and Hasli is with the accused. Both the accused were arrested by the investigating agency. The arrest memos are Ex. P. 2 and Ex.P. 3. vide Ex P. 2 accused Raja was arrested and vide Ex.P. 3 Balvir was arrested. In Ex P. 3, there is a mention of the fact that Hasli was recovered from Balvir Singh passed by Shri Gulam Hussain, Addl. Sessions Judge No. 1, Bharatpur in Case No. 17/87.In this case all the five witnesses are the eye-witnesses as well as they are the witnesses about the recovery of Hasli and arrest memos. 4. On behalf of accused Balvir Singh it was submitted that Hash has not been recovered from him, and P.W 4 Shiv Charan and P.W. 5 Parwo do not support the case of the prosecution and have come with a case that it was recovered from the other co-accused Raju. 5. It was also submitted that the katta and cycle have not been produced in the Court. It was also submitted that the accused are of young age. 6. Dholpur and Bharatpur are the dacoit affected areas. I had the opportunity to visit Uholpur Jail in connection with some administrative work.
5. It was also submitted that the katta and cycle have not been produced in the Court. It was also submitted that the accused are of young age. 6. Dholpur and Bharatpur are the dacoit affected areas. I had the opportunity to visit Uholpur Jail in connection with some administrative work. Most of the accused or the convicts in the jail were of the age below 35 years. This fact cannot be ignored about the dacoit affected areas and for this reason a Special Court has been created to deal with the dacoity cases. 7. P.W. 1, Randhir Singh has stated that they caught hold of the accused and katta and cartridges were recovered from the person of Raju and Hasli was recovered from the person of Balvir. 8. P.W. 3 Ranbir Singh, who is a conductor, has also corroborated the testimony of P.W. I Randhir Singh and P.W. 2, Phool Singh. Phool Singh, P.W. 2 who is also a witness has states that the accused were caught hold and a katta and cartridges were recovered from Raju and Hasli was recovered from Balvir accused. 9. P.W. 3 Ranbir has also stated that katta was recovered from Raju and Hash was recovered from Balvir. 10. P.W. 4 Shiv Charan has lodged the F.I.R., is an employee of SIMCO factory. He has stated that two persons over powered them and the labourers of the SIMCO factory caught hold the accused. On enquiry one person disclosed his name as Raju and other person disclosed his name as Balvir Singh. He also states that both the accused appellants were caught hold and they were detained. However, he wants to help Balvir Singh by saying that Hasli was recovered from Raju and not from Balvir. This part of the statement was not relied upon by the Public Prosecutor and he has been cross-examined on this point by the public prosecutor. The same is the position of Parwo. P.W. 5, the mother of P.W. 4, Shiv Charan. She also states that the present appellants were caught hold. They snatched Hasli from her However, she has stated that Hash was recovered from Raju. One fact cannot be ignored that Balvir Singh is the son of Jamadar of SIMCO factory and this fact has been admitted by Shiv charan in his cross-examination. This is the cause of changing the version from Balvir Singh to Raju.
They snatched Hasli from her However, she has stated that Hash was recovered from Raju. One fact cannot be ignored that Balvir Singh is the son of Jamadar of SIMCO factory and this fact has been admitted by Shiv charan in his cross-examination. This is the cause of changing the version from Balvir Singh to Raju. However, the first part of the statement of these two witnesses, namely, Shiv Charan and Parwo are themselves sufficient for the conviction of the accused. The incident has taken place in broad day light on the road near IMCO factory. The crime of robbery is increasing and the courts are expected not to be lenient in dacoity affected areas. Now the tendency of the commission of the crime is also changing and generally the crimes are committed by young people. So the youth cannot be taken into consideration for leniency particularly in the areas most of the crimes are committed by the youths. 11. I am satisfied that the learned Sessions Judge was justified in convicting the accused and conviction of the accused is maintained. As far as the quantum of sentence is concerned, I have already expressed my view that no leniency should he shown in the qua turn of sentence when the court is satisfied on the point of guilt. I do not find any force in the submission of the learned counsel for the parties that the sentence should be reduced. The sentence is also maintained. 12. In the result, the appeals are dismissed. The conviction and sentence of the accused-appellants are maintained.Appeals Dismissed. *******