Research › Search › Judgment

Rajasthan High Court · body

2007 DIGILAW 487 (RAJ)

Vaseem @ Raju v. State of Rajasthan

2007-03-02

NARENDRA KUMAR JAIN

body2007
JUDGMENT 1. - These two appeals, on behalf of accused-appellants Vaseem @ Raju S/o Qadir and Aslam @ Diwan S/o Shamshu Khan, are directed against common judgment and order dated 8.10.2004, passed by the Special Judge (Take Currency Cases) Jaipur City, Jaipur, in Sessions Case No.70/2002, whereby appellants have been convicted under Section 394, I.P.C., and sentenced to 10 years rigorous imprisonment, therefore, both the appeals are taken-up for hearing together and being decided by this common order. Exhibit P-l, a written-report, was lodged by PW-1 Jagdish Soni, at Police Station Manak Chowk, Badi Chopad, Jaipur, wherein it was mentioned that on 24.4.2002 at about 8.30 to 8.45 P.M. his brother-in-law (gainer) - Shri Nand Kishore S/o Shri Rameshwar Das, was looted by some miscreants in between Partanion-Ka- Rasta and Gali Mahadev, who inflicted grievous blow on his head by iron rod and snatched his bag and ran away. Shri Nand Kishore was got admitted in the Bangar Hospital. The details of articles, lying in the bag, will be given by Nand Kishore only, therefore, a case be registered. 2. On the basis of the above report, the police registered a chalked F.I.R. (Exhibit P-2) under Section 392, I.P.C. During investigation of the case, accused Vaseem @ Raju S/o Qadir was arrested by the police on 2.5.2002 at Kadkad-duma Court Premise, Delhi, at about 3.00 P.M., vide arrest-memo (Exhibit P-27) and accused Aslam @ Diwan S/o Shamshu Khan was arrested vide Exhibit P-25 on 11.5.2002 in the House of Sheokat Bhai, near Bilala Masjid, Delhi. Accused Vaseem gave an information vide Exhibit P-21 under Section 27 of the Evidence Act about the place of incident; he gave another information vide Exhibit P-22 in respect of shop from where he took one cycle on rent for the said incident, and the bag, which was looted on the date of the incident, and told these articles lying at House No.C-48, Shahid Nagar, Gali No.3, Police Station Sahibabad (UP); he gave the third information under Section 27 of the Evidence Act vide Exhibit P-23 about Rs.10,000/-, which were given to Bharat Properties, Loani Road, to purchase a plot. In pursuance of the aforesaid information, a sum of Rs.10,000/- was recovered vide recovery-memo Exhibit P-24 in presence of witnesses Sajid and Manzoor Hasan. The other recoveries were also made in pursuance of the information given by the accused. In pursuance of the aforesaid information, a sum of Rs.10,000/- was recovered vide recovery-memo Exhibit P-24 in presence of witnesses Sajid and Manzoor Hasan. The other recoveries were also made in pursuance of the information given by the accused. The iron rod which was used for inflicting injury on the person of injured Nand Kishore was seized vide seizure-memo Exhibit P-12 on 15.5.2002. The hand-bag and other gold items were recovered as per the information of the accused-persons vide Exhibit P-18. The other information's were also given by accused-persons under Section 27 of the Evidence Act and recovery was effected at their instance and information given in writing by them voluntarily. 3. The accused-persons were identified during investigation by injured Nand Kishore (PW-11) in presence of PW-1 Mukesh, A.C.J.M., vide identification-parade Exhibit P-15. The injured identified both the accused persons. The articles, which were recovered, were also got identified during investigation in presence of Magistrate and they were rightly identified by injured Nand Kishore (PW-11) in presence of Magistrate PW-20 Arti Bhardwaj. 4. During trial of the case PW-1 Jagdish Soni proved the written-report Exhibit P-l. PW-11 Nand Kishore identified both the accused-persons. The articles, which were lying in the bag snatched/looted by the accused-persons, were also identified by PW-11. PW-11 stated that on 24.4.2002 he had gone to Gopalji-Ka-Rasta in Jaipur; he did his work and when he was going towards Partanion-Ka-Rasta, he saw two persons behind him, who, all of a sudden, inflicted a blow on his head by iron-rod and he immediately fell down and sustained injuries. He gave the details of articles lying in the bag including cash amount of Rs.15,000/-. The injury-report (Exhibit P-20) of Nand Kishore was proved by PW-16 Dr. Vinay Kumar Atray, who stated before the trial Court that he medically examined injured Nand Kishore Soni. He also gave the details of injuries sustained by injured Nand Kishore. PW-20 Smt. Arti Bhardwaj, the Civil Judge (Junior Division) and Judicial Magistrate, Ajmer, proved the application Exhibit P-39, summon of witness Exhibit P-40 and identification of articles vide Exhibit P-13 and Exhibit P-14. It was stated that Nand Kishore rightly identified the looted articles 1, 2 and 3, the details of which have been given in Exhibit P-13 and articles No.1 and 2, the details of which were given in Exhibit P-14. 5. It was stated that Nand Kishore rightly identified the looted articles 1, 2 and 3, the details of which have been given in Exhibit P-13 and articles No.1 and 2, the details of which were given in Exhibit P-14. 5. PW-21 Mukesh, the Additional Chief Judicial Magistrate No.3, Alwar, stated that Exhibit P-15 was prepared by him and witness Nand Kishore rightly identified the accused persons before him. The accused-persons, in their statement, before the trial Court recorded under Section 313, Cr.P.C. stated that they have no concern with the case and they have been falsely implicated in the case. No specific instance has been given by them so as to presume that a false case could have been registered against them by the complainant-party. 6. The learned trial Court has also considered the oral and documentary evidence of the prosecution and recorded a finding that charge against the accused persons for the offence under Section 394, I.P.C., is fully made out, but, so far as charge under Section 307, I.P.C., is concerned, the same is not made out and, as such, acquitted the accused-persons from the charge under Section 307, I.P.C., and convicted both the accused-persons for the offence under Section 394 read with Section 34, I.P.C. 7. The trial Court has also mentioned that so far as sentence part is concerned, a lenient view cannot be taken in the present case as the accused-persons are habitual offenders and one another appeal in this Court itself of the similar nature of charge is pending against them, therefore, he awarded the sentence of ten years rigorous imprisonment against both the accused-persons. 8. The learned counsel for the accused-appellant could not point out any illegality or perversity in the impugned judgment passed by the trial Court. I have examined the prosecution evidence in detail, as discussed above, and found that there is sufficient evidence available on the record to connect the accused-persons with the crime. They have been identified by injured Nand Kishore (PW-11) during investigation as well as trial of the case. The looted articles were also recovered at their instance and in pursuance of the information given by the accused under Section 27 of the Evidence Act. 9. In these circumstances, I find that that learned trial Court has rightly convicted and sentenced the accused-appellants under Section 394 read with Section 34, I.P.C. 10. The looted articles were also recovered at their instance and in pursuance of the information given by the accused under Section 27 of the Evidence Act. 9. In these circumstances, I find that that learned trial Court has rightly convicted and sentenced the accused-appellants under Section 394 read with Section 34, I.P.C. 10. In view of the above discussion, I do not find any merit in these appeals filed by both the accused-appellants and the same are accordingly dismissed.Appeals dismissed. *******