STATE OF HARYANA versus UTTAM ALIAS CHEAKU

Citation: [1987] 2 S.C.R. 1064 · Decided: 21-04-1987 · Supreme Court of India · Bench: A.P. SEN · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
STATE OF HARYANA 
v. 
UTT AM ALIAS CHEAKU 
. r 
APRIL 21, 1987 
B 
[A.P. SEN AND V. BALAKRISHNA ERADI, JJ.] 
Indian Penal Code, 1860--Section 395-Highway robbery-Case 
>-- . 
of-Accused convicted-Trial Court judgment well reasoned and consi-
/ 
dered-Based on testimony of victims-High Court in appeal-Rejec-
ting trial court judgment without proper consideration and discussion-
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~ 
Accused acquitted-Supreme Court in appeal by State-Setting aside 
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c High Court Judgment-Restoring conviction and sentence on accused-
Necessity for seriousness and care to be bestowed in such cases-
Pointed out. 
f-
The respondent, along with three others, was tried for offences 
D under sections 395, 397 and 412 of the Indian Penal Code. The prosecu-
tion alleged that the respondent had deliberately dashed his car against 
the car of P. W. Son the Delhi-Jaipur Road, while the latter was travel-
ling 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 
'f 
E chest of PW S, and anqther, who was armed with a pistol, fired shots In 
the air and scared away drivers of some trucks who were passing along 
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that road and tried to come to the aid of PW S 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 S and three attache 
F 
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 
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booty, a shot was fired by one of them which hit PW S on the forehead. 
PW S 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 
G 
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 hy the victims. On 
H 
the basis of the information furnished by the accused some of the arti-
des of the victims were recovered. 
1064 
STATE OF HARYANA v. UTIAM 
1065 
The trial court held that the charge against the respondent under A 
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section 395 I.P.C. was proved beyond all reasonable doubt and con-
victed 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 B 
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. by extending the benefit of doubt to him and set aside his conviction 
and sentence. 
- t 
Allowing the State's appeal by Special leave. 
HELD: 1. A case of highway robbery, such as this, should have 
been dealt with much more seriousness and care than has been besto- c 
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wed on it by the High Court. Its approach to the case and the conclusion 
recorded by it cannot but be characterised as manifestly illegal and 
perverse. The trial court has rightly concluded that from the evidence 
of the victims the participation of the respondent in the commission of 
the offence had been proved beyond all doubt. [ 1069B-C] 
D 
2.1 The High Court, by a most perfunctory judgment, set aside 
the judgment of the trial court, insofar as the trial court had convicted 
the respondent herein, and acquitted him. It has dealt with the case in a 
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very superficial and casual manner and has not even taken care to 
discuss the evidence adduced in the case, before it proceeded to in-
E 
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terfere with the well considered judgment of the trial court. [I068G-H] 
2.2. The trial court after an elaborate and analytical discussion of 
·~ the whole evidence recorded the conclusion that the participation of the 
respondent in the commission of the crime was established beyond all 
~ 
doubt inasmuch as he had been identified by the both the victims, and 
their testimony narrating the details of the incident of robbery and F 
assault was not shaken in cross-examination and deserved to be 
accepted as wholly truthful. [10680-E] 
2 .3 Both the victi

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