NDLI: State of Haryana Vs. Uttam Alias Cheaku

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Highway robbery Accused convicted
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Penal Code, 1860--Section 395-Highway robbery-Case of-Accused convicted-Trial Court judgment well reasoned and considered-Based on testimony of victims-High Court in appeal-Rejecting trial court judgment without proper consideration and discussion- Accused acquitted-Supreme Court in appeal by State-Setting aside High Court Judgment-Restoring conviction and sentence on accused- Necessity for seriousness and care to be bestowed in such cases-Pointed out. The respondent, along with three others, was tried for offences under sections 395, 397 and 412 of the Indian Penal Code. The prosecution alleged that the respondent had deliberately dashed his car against the car of P. W. Son the Delhi-Jaipur Road, while the latter was travelling to Jaipur alongwith his wife, PW 6 and daughter. Five persons, two or three of them armed with revolvers and others with daggers came out of the respondent's car. One of them gave a couple of knife blows in the chest of PW S, and another, who was armed with a pistol, fired shots In the air and scared away drivers of some trucks who were passing along that road and tried to come to the aid of PW 5 who was crying out for help. One of the assailants removed the ear rings, necklace and wrist watch from the person of PW 6, and in that process, one of her ear lobes was cut as under. The wrist watch and purse of PW 5 and three attache cases on the luggage carrier of his car were also forcibly removed and taken away. Before the culprits left the spot in their car with all the booty, a shot was fired by one of them which hit PW S on the forehead. PW 5 somehow managed to drive back his car to Gurgaon and narrated the whole incident to his partner and thereafter he and his wife were medically examined and treated at Gurgaon Civil Hospital, for the various injuries that were found on them. Thereafter an F.I.R. was lodged with the Gurgaon Police. The accused were arrested after a fairly long delay and two test identification parades were held, one separately for the respondent-accused at his request and other for the remaining suspects. The respondent was identified by the victims. On the basis of the information furnished by the accused some of the articles of the victims were recovered.The trial court held that the charge against the respondent under section 395 I.P.C. was proved beyond all reasonable doubt and convicted and sentenced him to undergo rigorous imprisonment for four years. The other three accused were acquitted on the ground that their participation in the crime was not sufficiently proved and hence they were entitled to the benefit of doubt. The High Court, however, allowed the appeal of the respondent by extending the benefit of doubt to him and set aside his conviction and sentence.
Judge	Hon'ble Mr. Justice V. Balakrishna Eradi
Neutral Citation	1987 INSC 117
Petitioner	State Of Haryana
Respondent	Uttam Alias Cheaku
SCR	[1987] 2 S.C.R. 1064
Judgement Date	1987-04-21
Case Number	559

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State of Haryana Vs. Uttam Alias Cheaku

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