JUDGMENT 1. - This appeal has been filed by the appellant Jahid Khan against the judgment dated May 26, 2009 of Addl. Sessions Judge (Fast Track) No.1 Alwar in Sessions Case No. 119 of 2003 whereby the accused appellant was convicted and sentenced under Section 395 IPC, to suffer 7 years RI with fine of Rs. 2,000/- in default of payment of fine to further suffer one year additional imprisonment and under Section 397 IPC to suffer 10 years RI and fine of Rs.5000/- and in default of payment of fine to further suffer two years additional imprisonment. 2. Brief facts of the case are that on July 28, 2003 at 3.30 a.m. complainant Lallu Khan s/o Roopa submitted a written report (Ex. P.18) at P.S. M.I.A. Alwar Camp Thekda ka Bas alleging therein that in the night at around 1.30 'O' clock wife of the complainant went outside the house to answer the natural call then 7-8 persons forcefully entered in the house and started beating his wife and snatched the ornaments which she was wearing. They also snatched the wrist watch of the complainant and some money from his pocket. On hearing hues and cries his younger brother reached over there. The miscreants while started running one amongst them was caught who sustained injuries due to fall. The miscreant who was caught disclosed his identity as Razaq and informed that his other associates were 7 in number and their names are Mehboob, Ashram, Jameel, Taiyab, Zahid, Ramzan and Liyakat, who are having arms with them and looted articles are also with them. It is further alleged that the complainant and others tried to catch them, however, they opened fire and ran away. His son Subedin and wife have sustained injuries. On the aforesaid report, the police registered case against the accused persons for the offences under sections 395, 397 IPC and 3/25 Arms Act and the investigation was started. After concluding the investigation the police submitted charge sheet against the accused for the offences under sections 395 and 397 IPC and sections 3/25 of the Arms Act. On committal the trial court framed charge against the accused persons for the offences under sections 395 and 397 IPC and 3/25 Arms Act. In support of its case the prosecution examined as many as 16 witnesses and also exhibited 28 documents. 3. On committal the trial court framed charge against the accused persons for the offences under sections 395 and 397 IPC and 3/25 Arms Act. In support of its case the prosecution examined as many as 16 witnesses and also exhibited 28 documents. 3. From the order sheets of trial court , it appears that accused appellant Jahid khan and coaccused Ashram were absconded on 23.9.2004, but till the time the statements of the prosecution witnesses were recorded, both were present.It may be mentioned that vide judgment and order dated 30.11.2004, co-accused persons were convicted and in case of co-accused Ashram, who was called before the trial court by production warrant separate proceedings for trial were started against him vide order dated 30.11.2004. The trial court separately registered sessions case No.112 of 2004 on December 6, 2004. Accused Ashram was convicted and sentenced vide judgment dated December 13, 2004. Accused appellant Jahid Khan appeared before the trial court on 19.3.2009 and on his appearance the record of this case was called for trial and his statement under section 313 Cr.P.C. was recorded on 4.4.2009 and thereafter the trial court heard the arguments and fixed the matter for pronouncement of judgment on May 26, 2009 and on 26.5.2009 he was convicted and sentenced as mentioned above. 4. Mr. S.S.Hasan, learned counsel appearing for the accused appellant Jahid Khan, argued that the prosecution failed to establish its case beyond the reasonable doubt. The trial court has not properly appreciated the prosecution evidence while convicting the accused appellant. The trial court has not appreciated this aspect of the matter that there is no evidence against the accused appellant. From the evidence of prosecution it is not proved that the appellant was present at the place of occurrence. The appellant has falsely been implicated in the present case due to enmity as the complainant and the appellant are known to each other prior to the incident. This fact was also stated by the appellant in his statement recorded before the trial court under section 313 Cr.P.C. wherein he had stated that there was some money dispute between the appellant and the complainant and it is for that reasons that the complainant has falsely implicated the appellant in the present case. This fact was also stated by the appellant in his statement recorded before the trial court under section 313 Cr.P.C. wherein he had stated that there was some money dispute between the appellant and the complainant and it is for that reasons that the complainant has falsely implicated the appellant in the present case. In the FIR and also in the statement of the complainant recorded before the trial court that the accused persons took away the ornaments of the wife of the complainant. It is submitted that the alleged incident took place at about 1.30 in the night and it is highly improbable that a lady shall wear ornaments in the night at about 1.30. The injury sustained by the injured persons are simple in nature and superficial which may be self inflicted. No reliance can be placed on the alleged injuries sustained by the wife and son of the complainant. No identification parade was held by the investigating agency. The complainant and the witnesses for the first time identified the accused appellant in the court when they came for giving statement in the court. There is no recovery from the appellant. No identification parade has been held and the alleged recovery is also doubtful. There is no evidence against the appellant to convict him for the alleged charges. In these circumstances the learned counsel argued that the accused appellant may be acquitted and atleast his sentence should be reduced. 5. The learned Public Prosecutor on the other hand supported the judgment of conviction against the accused appellant. The trial court rightly convicted the accused appellant. The findings arrived at by the trial court are just and proper. The trial court critically examined the material available on record and judgment of conviction is based on evidence and the accused appellant has been rightly convicted and sentenced. 6. I have heard the learned counsel for the parties and gone through the entire record. 7. Before proceeding further a brief of the evidence produced by the prosecution is necessary. PW.1 Takhat Singh, was one of the Motbir and independent witness to the memos of arrest and recoveries made from the accused persons. He put his signatures A to B on Ex. P.1 memo of arrest of accused Jahid Khan, Ex. P.2 arrest memo of accused Liyakat, Ex.P.3 arrest memo of accused Teyabkhan, Ex. P.4 arrest memo of accused Ramzan, Ex. He put his signatures A to B on Ex. P.1 memo of arrest of accused Jahid Khan, Ex. P.2 arrest memo of accused Liyakat, Ex.P.3 arrest memo of accused Teyabkhan, Ex. P.4 arrest memo of accused Ramzan, Ex. P.5 arrest memo of accused Mehboob Khan, Ex.P.6 arrest memo of accused Ashram, Ex.P.7 arrest memo of Jamil khan, Ex.P.8 recovery memo of articles Silver Payjeb, from accused Jahid s/o Ramjani, Ex. P.9, recovery memo of wrist watch from accused Liyakat son of Alladin, Ex.P.10 recovery memo of live cartridge 315 Bore oriental and 4 hand made live cartridges from accused Ramjan, Ex. P.11 recovery memo of golden Hansali from accused Teyab son of Chhotelal, Ex.P.12 recovery memo of 12 bore Deshi Katta ( 12 bore country made gun)from accused Jamil, Ex. P.13, 12 bore Deshi Katta from accused Mehboob, Ex.P.14 Deshi Katta 12 bore ( 12 bore country made gun) from accused Asram and Ex. P.15 site map of place of incident. He stated in his statement as under : " fnukad 28-7-2003 dh ckr gSA iqfyl Fkkuk jkex<+ okys vk;s FksA mUgksus crk;k Fkk fd jkex<+ ds taxy esa Mdsr vk x;s gS tks lqcg crk;k FkkA mUgksus crk;k fd cxM+ frjk;s ij yYyq[kk ds ?kj ij Mdsrh Mkyh gSA fQj ogka rhu tus idMs+ x;sA ,d galyh eqy us viuh tka?k esa yxk j[kh Fkh feyh Fkh vkSj fiLrksy Fks ml esa nwj FkkA iqfyl us eqfYteku ls tks fiLrksy] galyh vkfn feys oks tIr fd;s FksA gekjs lcds lkeus eqfYteku dks fxj�rkj Hkh fd;k FkkA iqfyl ds lkFk yYyq[kka Hkh ogka FkkA yYyq [kka us mu rhuksa dks ns[kdj dgk fd ;s rhuksa Mdsrh Mkyus okyksa esa FksA " PW.2 Moolchand, who was also witness to recoveries from the accused persons, amongst PW.1, but he has been declared hostile. But he admitted his signatures on Ex. P.1 to Ex. P.15 and also stated that Teyab and Jamil were arrested in his presence and he also stated that Hansli was recovered from accused Teyab pointing towards him. But he admitted his signatures on Ex. P.1 to Ex. P.15 and also stated that Teyab and Jamil were arrested in his presence and he also stated that Hansli was recovered from accused Teyab pointing towards him. He stated in his statement as under: " rS;c o tehy dh rjQ b'kkjk djds dgk fd bu nksuksa dks esjs lkeus idM+k FkkA rS;c dh rjQ b'kkjk djds crk;k fd galyh blls cjken gq;h FkhA tehy o rS;c ds ikl eSus dksbZ gfFk;kj ugha ns[ksaA izn'kZ ih0 1 yxk;kr izn'kZ ih0 15 ij lh ls Mh esjs gLrk{kj gSA " PW.3 Hajarilal, SI Police Station MIA Alwar stated in his statement as under : " Fkkus ls jokuk gksdj pkSdh cxM+ frjk;k igqpsa ogka ls vkbZ lh pkSdh cyfcgkjh gSM dkfu] jktsUnz dkfu] gkdenhu dkfu] dks lkFk ysdj BhdM+h dk ckl igqpsa ogka dkQh HkhM+ bdV~Bh gks jgh Fkh ,d O;fDr dks idM+ j[kk Fkk mlds pkSVs vk;h gq;h Fkh rFkk yYyq[kka o mlds ?kjokyksa dks Hkh pksVs vk;h gq;h FkhA jTtkd us mlds lkFk vkJe egewn] fy;kdr] rS;c] jetku] tehy dk vius lkFk gksuk crk;k Fkk bl ij mudh ryk'k ds fy;s eq0 yYyq[kka o vU; xzkeokfl;ksa dks gejkt ysdj jokuk gq, jokuk gksdj ?kq?kM+ksn] ckeu[ksM+k ds taxyksa esa ryk'k djrs gq, tk jgs Fks rks lh vks lkgcu t;sZ DosflfV fcykliqj ds QkVd ds ikl rhu Mdsrku idM+ fy;s crk;k o dgk fd vU; Mdsrku ds mlh ,sfj;k esa gksus ds ryk'k djus ds funsZ'k fn;s bl ij ge ryk'k djrs gq, [ksMh ds taxy esa igqpsa rks ,d dikl ds [ksr esa ,d O;fDr eq>s fn[kk;h fn;k ftldks ?ksjk nsdj idM+k mlds ikl ,d 315 cksj dk ftank dkjrwl] pkj ns'kh gkFk ds cuk;s gq, 315 cksj ds dkjrwl feys] mlls uke irk iwNk rks mlus viuk uke jetku iq= nhu eksgEen eso fu0 dFkokM+k dk gksuk crk;kA fQj mlds ckn gesa DosflfV feyh dh jkex<+ ds tkIrk us ,d cnek'k dks vkSj idM+ fy;k fQj ,l ,p vks lkgc ds lkFk ge yykpaMh ds taxy x;s ogka geus rS;c eqy0 dks idMk+ Fkk mlds ls ,d galyh feyh Fkh ftls vyx ls QnZ cukdj tIr fd;k Fkk fQj ge mlds ckn foykliqj ds QkVd ds ikl igqpsa rks unh ds ikl taxy esa tehy fNik gqvk feyk mldh ryk'kh ysus ij ,d ns'kh dV~Vk 12 cksj yksMsM o dkjrwl 12 cksj feys Fks lh vks lk0 us vkJe o egcwc eqy0 idM+ j[ks Fks tgka ge igqpsa ogka fy[kk i<+h Hkh ogha dh FkhA xkao okyks us eqy0 fy;kdr dks idM+k Fkk ftldh fy[kki<+h Hkh ogha dh FkhA cnyq[kk us eksds ij galyh dks ns[k dj viuh gksuk crk;k FkkA lHkh gFk;kj] tIr'kqnk dkjrwl o eky dh fy[kk i<+h dj eqyfteku dks fxj�rkj fd;kA " PW.4 Neksingh, Head Constable Armorer, Reserve Police Lines, Alwar, who examined the arms recovered from the accused persons. He stated in his statement as under : " fnukad 16-8-2003 dks esa gSM dkfu0 ds veksZjj ds in ij iqfyl ykbZu esa rSukr FkkA ml fnu Fkkuk iqfyl ,e vkbZ , ds izfrosnu ij gfFk;kjksa dh tkap dh FkhA eq>s rhu isdsV lhYM voLFkk esa izkIr gq, Fks tks dkfu] Hkheflag o calhyky yk;s Fks lhy uewuk ds0lh0,e0jkt0 iqfyl lhy [kksydj eqvk;uk fd;k FkkA rhuksa dV~Vs ekdkZ , ch lh rhu iSdV esa Fks tks ns'kh 12 cksj ds cus dV~Vs Fks muds mij fdlh QSDVjh dk jftLVj ua0 o iwQ ekdkZ ugha FkkA rhuksa dV~Vksa dk ,D'ku esdsfute Bhd dke dj jgk FkkA rhuksa dV~Vksa ls Qk;j djus ij Qk;j gks ldrk gSA rhuksa dV~Vs Qk;j vkElZ dh rkjhQ esa vkrs gSA rhuksa dV~Vksa dh csjybaM ds mij igpku fpUg gS tks ,u ,l ,] ,u ,l ch] ,u ,l ch vafdr fd;k vkSj mUgh dkfu] ds }kjk okfil Fkkuk ,e vkbZ , Hkst fn;k x;kA fjikVZ izn'kZ ih0 17 gS tks esjh dyeh gS ftl ij , ls ch esjs gLrk{kj gSA " PW.5 Banbihari, HC No. 138 Police Station MIA Alwar stated that Sabudin came to him at Bagad Chowki at 2.55 a.m.who stated to him that Thekda Ka Bass at the resident of Lallu Khan some miscreants came and they fired at them and one of the miscreant has been caught by them. He stated in his statement as under : " yYyq ds edku igqaps ogka mUgksus ,d cnek'k idM+k gqvk Fkk mldk uke iRrk iwaNk rks mlus viuk uke jTtkd crk;k tks gkftj vnkyr eqy0 gSA jTtkd ds dqN pksVs Hkh vk;h gq;h Fkh eksds ij tks vkneh Fks rks mUgksus crk;k fd Hkkxus ds nksssjku mlds pksVs vk;h FkhA ogka yYyq vkSj xako ds dkQh vkneh FksA igys geus jTtkd dks vLirky HkstkA fQj ge cnek'kksa dh ryk'k esa jkex<+ dh rjQ x;sA ykypaMh o fcykliqj ds taxy esa cnek'kksa dh ryk'k dh ftu taxyks esa gesa cnek'k fey x;s gekjs lkFk Fkkus jkex<+ okys Hkh cnek'kksa dh ryk'k dj jgs Fks o lh vks lkgc o ifCyd ds vkneh Hkh FksA taxy esa ls geus dqy lkr eqy0 idM+s FksA eqy0 jetku ls dkjrwl ftank 315 cksj vkSj pkj dkjrwl ns'kh gkFk ds cus gq,] rS;c ls galyh lksus dh] tehy ls ,d 12 cksj dk yksMsM dV~Vk] vkJe ls ,d 12 cksj dk yksMsM dV~Vk o nks ftank dkjrwl] egcwc ls ,d 12 cksj dk yksMsM dV~Vk feys FksA lHkh eqyfteku ftudks taxy ls idM+k Fkk vkt gkftj vnkyr ekStwn gSA " Pw.6 Banshilal, Constable No.345 Police Station M.I.A. Alwar stated about his posting at MIA Camp Dekda and receipt of report by him and thereafter handing over it to the Police Station MIA at 4.00 a.m. over which case No.259/03 was marked and return back to him for giving it to SHO. Report is Ex .P.18 which was chalked out as FIR Ex. P.19 where he has put his signatures at place A to B. PW.7 Dr. Amarsingh Rathore, who examined the injuries of Subdeen son of Lallu, Smt. Janti wife of Lallu and Lallu son of Roopa, on 29.7.20003. Report is Ex .P.18 which was chalked out as FIR Ex. P.19 where he has put his signatures at place A to B. PW.7 Dr. Amarsingh Rathore, who examined the injuries of Subdeen son of Lallu, Smt. Janti wife of Lallu and Lallu son of Roopa, on 29.7.20003. He stated thus : Jh lqcnhu iq= yYyw tkfr eso dh pksVksa dks esfMdy eqvk;uk fd;k FkkA ftlds 'kjhj ij fuEu pksV Fkh %& 1 [kjksp yky jax 1x1 lseh0 ck;s gkFk ds vaxwBs esa 2 dqpyk gqvk ?kko 3x3x1 lseh0 ftlesa yky [kwu dk Fkdk gS tks flj ds chp esa gS mDr nksuksa pksVs lk/kkj.k izd'fr dh ,oa dqan gfFk;kj ls vkbZ FkhA ftudh vof/k 24 ?kaVs dh Hkhrj dh FkhA pksV izfr izn'kZ ih0 20 ftl ij , ls ch esjs gLrk{kj ,oa ,Dl LFkku ij et#c dk igpku fpUg vafdr gSA mlh fnu Jherh tUrks iRuh yYyw eso dh pksVksa dk eqvk;uk fd;k ftlds 'kjhj ij ,d pksV Ldzsp tks 6 lseh0 dh gS yky jax fy;s gq;s xnZu dh ckbZ rjQ gSA mDr pksV lk/kkj.k o dqan gfFk;kj ls 24 ?kaVs ds Hkhrj dh gSA mlh fnu eSaus yYyw iq= #ik dh pksVksa dk eqvk;uk fd;k Fkk ftlds 'kjhj ij fuEu pksVs ikbZ xbZ FkhA 1- Ukhyxw yky jax 6x4 lseh0 nkfguh vxz Hkqtk 2- [kjksp yky jax 2x1 lseh0 psLV esa ckbZ vkSj fiNys fgLls esa 3- [kjksp 1x1 lseh0 nkfguh gkFk dh chp dh vxqayh esa 4- [kajkp 1x 1/2 lseh0 ck;s gkFk ds vaxwBs ij mDr lHkh pksVs lk/kkj.k o dqn gfFk;kj ls vkbZ gqbZ FkhA ,oa 24 ?kaVs ds Hkhrj dh FkhA pksV izfrosnu izn'kZ ih0 22 gS ftl ij ,s ls ch esjs gLrk{kj lh ls Mh et#c ,a bZ ls ,Q igpku dk fpUg vafdr gSA " PW.8 Panchya, villager stated about how he caught hold of accused Teyab and thereafter police came and he was arrested. In his statement he stated thus: " lu~ 2003 esa 15 vxLr ls igys dh ckr gS esa vius [ksrksa ij maV pjkus x;k FkkA lqcg 10 cts dh ckr gSA cwan vkjgh FkhA ge cSBs FksA lM+d dks dzksl djd ,d vkneh gekjh vksj vk jgk FkkA ml vkneh us gels dgk fd esjh xk; [kks xbZ gSA rks geus dgk fd geus dksbZ xk; ugh ns[khA rks eSus mlls iwNk fd rsjs iSj fdpM+ esa dSls gks jgs vkSj pIiy rsjs isjks esa D;k ugha gSA fQj og ?kcjkdj cksyk esa jkr dk ijs'kku gawA fQj eSaus dgk fd rw Mdsrksa esa rks ugh rks og Hkkxus yxk rks eSaus mls ckFk Hkj dj idM+ fy;kA idM+us ds ckn eSus gYyk fd;k rks vksj Hkh yksx vk x;sA vkSj iqfyl Hkh vk x;hA fQj mldks iqfyl ds gokys dj fn;kA xokg us gkftj vnkyr eqy0 rS;c dks gkFk yxk dj dgk fd bls eSaus idM+k Fkk vkSj blh dks idM+ dj iqfyl ds gokys fd;k FkkA " PW.9 Asar Khan, stated about the incident took place at the residence of his brother Lallu. He put his signature A to B on the site map of the place of incident Ex. P.23. He also put his signature on Ex. P.24. In his statement he stated thus : " yYyw esjs pkpk dk yM+dk gSA vkt ls ikap N% efgus igys jkr dks 1&1-30 cts dh ckr gSA eSa ?kj ij lks jgk FkkA esjs ikl yYyw dk HkkbZ lgkcqnhu vk;k FkkA mlus eq>s txk;k vkSj dgk fd yYyw ds ?kj MdSr vk x;s ftuesa ls ,d dks idM+ j[kk gSA eSa fQj eksVjlkbZfdy mBkdj iqfyl pkSdh ij x;kA esjs lkFk lgkcqnhu vkSj tkfdj x;sA geus iqfyl dks dgk fd xksyh pyh vkSj Mdsrh My jgh gSA fQj iqfyl okyksa dk eksVjlkbZfdy ls cSBk ys x;sA ckn esa Fkkus ls Hkh thi vk xbZ FkhA ekSds ij gesa ,d vkneh cank feyk ftldk uke jTtkd Fkk tks vkt gkftj vnkyr eqy0 gSA "" nwljs fnu iqfyl us yYyw ds ?kj dk uD'kk eksdk cuk;k FkkA tks izn'kZ ih0 22 gS ftl ij , ls ch esjs gLrk{kj gSA izn'kZ ih0 24 ij , ls ch esjs gLrk{kj gSA " PW.10 Lallukhan was the main eye witness, injured at the time of incident. He specifically implicated Ashram, Teyab, Mahboob, Jahid, Ramjani and Razak. He specifically implicated Ashram, Teyab, Mahboob, Jahid, Ramjani and Razak. Mehboob and Razak pointed Katta ( country made guns) at him. Jahid shown knife. Mehboob gave lathi blow on the head of his son. He specifically implicated Ashram, Teyab, Mahboob, Jahid, Ramjani and Razak. Mehboob and Razak pointed Katta ( country made guns) at him. Jahid shown knife. Mehboob gave lathi blow on the head of his son. In his statement he stated thus : " uke ls esa vkJe] rS;c] egcwc] tkfgn] jetkuh] dks tkurk gawW vkSj dqN dks esa 'kDy ls tkurk Fkk tks vkt gkftj vnkyr gSA vkJe] egcwc o rS;c dh b'kkjk djds dgk fd bu rhuksa us eq>s uhe ds isM+ ds lkFk yxkdj [kM+k dj fn;k egcwc o vkJe us nksuksa rjQ ls esjs dV~Vk yxk fn;k vkSj cksys fd crk eky dgka gSA eSus dgk fd esjs ikl dqN eky ugha gS rc jTtkd] jetku o tkfgn us eq>s ykBh ls ekjuk 'kq: dj fn;kA esjs gkFk] duiVh ds ihNs] dU/ks] isjksa ij pksVs vk;h fQj iSjksa ds twrks esa ls tkfgn us pkdw dh esjs nkfguh rjQ ihB ds mijh fgLls esa ekjh fQj egcwc us dgk fd ;k rks crk ns ugha rks rsjs cPps dks [kRe djsxas fQj esjs lkeus egcwc us esjs cPps ds flj esa ykBh ekjh vksj esjs cPps ds dku ds ikl egcwc us dV~Vk pyk;k ftlds Njs esjs cPps ds ugha yxs Fks oks csgks'k gksdj fxj x;k fQj vkJe o gkftj vnkyr eqy0 tehy dh rjQ b'kkjk djd dgk fd ge bls laHkkyrs gS rqe ckfd;ksa dks laHkkyksa fQj egcwc] rS;c] jetku og tkfgn esjh vkSjr dks [khapdj yk jgs Fks esjh vkSjr esjs HkkbZ ds ?kj dh rjQ tku cpkus ds fy;s Hkkx jgh Fkh rc bls jkLrs ls gh [khap yk;sA fQj rS;c] egcwc] tkfgn es ls rS;c us esjh vkSjr tUuh dh galyh [khap yh tkfgn us pkdw uksd ij ik;tsc [kksy yh vkSj egcwc us esjh iRuh dks uhps iVddj yykV ij dV~Vk yxk j[kk FkkA fQj fy;kdr dh rjQ b'kkjk djds dgk fd blus esjs gkFk ls ?kM+h Nhuh Fkh o esjh tsc ls 2500 #i;s fudkys FksA " PW.11 Janno wife of Lallu khan, stated in her statement as under : ge ckgj Hkkx jgs Fks ;s Hkhrj [khap jgs Fks fQj esjk yM+dk lqcsnhu [kM+k gqvk mlds flj ij dV~k txk fn;k vkSj ykBh ekjh o eq>s dgk fd eky crk vkSj eq>s uhe ds ikl [khapdj ys x;s fQj buesa ls ,d us esjk gkFk idM+k Fkk o egcwc us esjs Nkrh ij dV~k yxk fn;k o rS;c us esjs xys ls galyh [khap yh tkfgn us esjh ik;tsc [kksyh fQj esjk nsoj vk;k vkSj mlus egcwc dks idM+ fy;k tks NqM++kdj Hkkx x;k fQj jTtkd dks esjs ifr o nsoj us feydj idM+ fy;k ckfd lc Hkkx x;s tkrs gq;s bUgksus dVs~ os iRFkj pykrs FksA " xokg us eqy0 egcwc tkfgn] jTtkd dks uke o 'kDy ls tkuuk crk;k vkSj vfHk0 jetku dks dgk fd bls esa ugha tkurhA jetku ekjihV esa gksxk eS ugha dg ldrh ij blus eqga ij diM+s yrs cka/k j[ks FksA jetku dh rjQ b'kkjk djds dgk fd budks eSa ugha tkurhA vfHk0 us tc uke crk;k fd rc dgk fd rS;c rS;c galyh [ksapA " PW.12 Jakir Hussain, stated about the dacoity took place at the residence of Lallu and about this brother of Lallu to him. Brother of Lallu and he informed about the dacoity to the police. He also informed about detaining of Razak. In his statement he stated thus : " ge tc eksds ij x;s rks eSaus yYyq dh ?kjokyh o mlds yM+ds ds flj ij pksV yxh ns[kh FkhA yYyq ds yM+ds lqcsnhu ds flj ij pksV FkhA jTtkd us vius lHkh lkfFk;ksa ds uke crk;s Fks mlus ;g Hkh crk;k Fkk fd mudk fdl jkLrs ls tkus dk bjknk Fkk vkSj mlh vk/kkj ij iqfyl us mudks idM+k FkkA gesa fQj fnYyh lkbZM ls vk;h dsaVj esa fcBkdj nks iqfylokys] jTtkd] esa o rkm dk yM+ds glu dks vLirky Hkst fn;k FkkA eSaus eksds ij jTtkd ds ikl dksbZ lkeku ugha ns[kkA cfu;s ds QkeZ ij tks egcwc dke djrk gSA eSa mldks tkurk gawW tks vkt gkftj vnkyr gS buesa ls jTtkd dks Hkh igpkurk gaw tks vkt ugha vk;k 'ks"k dks eSa ugha igpakurkA " PW.13 Sabudin, one of the neighbour of complainant, who stated that in the night of 27 at 1.30 a.m. his wife wake up him and stated that at the residence of Lallu some thieves have come. On this he reached at the residence of Lallu. He stated in his statement thus : " fQj eSa ogka x;k eSaus ogka yYyq oxs0 dks ns[kk muds [kwu fudy jgs Fks yYyq o mlds yM+ds ds [kwu vk jgs Fks ckfd eSaus ogka lc Mdsrks dks Hkh ns[kk esa ogka igqapk rks eq>s ns[k dj Mdsr Hkkxus yx x;s fQj geus ,d Mdsr jTtkd dks idM+ fy;k ckfd lc Hkkx x;sA fQj iqfyl ykypaMh ds igkM+ ij x;h eSa Hkh lkFk x;k Fkk tgka iqfyl us Mdsrksa dks idM+k FkkA Mdsrks ls ,d galyh cjken dh Fkh eSa rks HkkxnksM+ esa yx jgk Fkk rhu dV~Vs Hkh cjken gq;s Fks vkSj dkjrwl Hkh FksA gkftj vnkyr eqyfteku dks iqfyl us yktpsMh ds taxy ls idM+k FkkA " PW.14 Anand Singh, Arms Clerk, stated that on 7.10.03 he was posted as Arms Clerk in the office of Distt. Magistrate Alwar. On that day on a request of SP Alwar in case No. 250 of 2003 against Ramjan, Jamil, Mehboob and Asram under section 3/25 of the Arms Act. He presented the said case report before the Distt. Magistrate Alwar. On that day on a request of SP Alwar in case No. 250 of 2003 against Ramjan, Jamil, Mehboob and Asram under section 3/25 of the Arms Act. He presented the said case report before the Distt. Magistrarte Shivjiram Pratihar, who as per the powers vested in him under sectionm 39 of the Arms Act, gave sanction for prosecuting the accused persons under section 3/25 of the Arms Act. The file after getting signature given to SP Alwar which is Ex. P.25 wjere A to B is signature of Distt. Magistrate Shivjiram Paratihar and as I worked under him and that is why I know his signatures. PW.15 Subedin son of Lallu, who was injured during dacoity committed by the accused appellants, implicated all the accused persons including Mehboob, Razak and Ashram, who were present in the court. He stated thus: " esjs flj esa pksV vk;h Fkh bl ckr dks djhc pkj efgus gks x;s jkr dh ckr gSa eSa gekjs ?kj ij lks jgk Fkk eqfYteku leLr gkftj vnkyr vk;sA uksV- eqfYteku leLr dh rjQ b'kkjk djd dgk ;s vk;s FksA egcwc ds gkFk yxkdj crk;k fd blus esjs flj esa ykBh dh pksV ekjh buds gkFk esa dV~Vk o jkmaM FksA jTtkd ds gkFk yxkdj dgk fd bls geus idM+ fy;k Fkk blh dks gh idM+k FkkA egcwc ds gkFk yxkdj dgk fd dV~k blus Hkh pyk;k FkkA vkSj vkJe ds gkFk yxkdj dgk fd blus Hkh dV~Vk pyk;k FkkA ;s xgus ekax jgs Fks vkSj xguksa ds fy;s dV~Vk pyk;k FkkA esjs firk ds Hkh ihNs xnZu ij pksV vk;h FkhA essjs firk dks vkJe o egcwc us ekjk FkkA " PW.16 Kailash Chand Meena, Police Inspector stated that on 28.7.2003 he was posted as SHO MIA, Alwar. On that day Lallu submitted report over which he made endorsement and Constable Banshilal was sent to Police Station for registering the case and Santlal ASI sent the report back after registering FIR where G to H Santlal put his signature. FIR Ex. P.19 was chalked out. On 29.7.2003 he prepared the site map of the incident place Ex. P.23 where he put his signature E to F and Cto D and G to H are signatures of Motbirans. On 28.7.2003, accused Jahid, Liyakat, Teyab, Ramjan, Mehboob, Ashram and Jamil were arrested through arrest memo Ex. P.1 to Ex. FIR Ex. P.19 was chalked out. On 29.7.2003 he prepared the site map of the incident place Ex. P.23 where he put his signature E to F and Cto D and G to H are signatures of Motbirans. On 28.7.2003, accused Jahid, Liyakat, Teyab, Ramjan, Mehboob, Ashram and Jamil were arrested through arrest memo Ex. P.1 to Ex. P.7 where he put his signature E to F and A to B and C to D are the signatures of Motbirans. 1.8.2003 by Ex. P.23 accused Rajjak was arrested. On 1.8.2003 accuserd Jahid gave information that he is prepared to give recovery of silver Payjeb, which is Ex. P.27 and recovery of Payjeb is vide Ex. P.8 and on it E to F he put his signature where A to B and C to D are the signatures of Motbiran and at place X thumb impressison of accused was obtained. P.27 and recovery of Payjeb is vide Ex. P.8 and on it E to F he put his signature where A to B and C to D are the signatures of Motbiran and at place X thumb impressison of accused was obtained. He further stated in his statement as under : " uD'kk eksdk cjkenxh izn'kZ ih0 15 gS ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh ekrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS mlh fnu eqy0 fy;kdr us LoPNs;k ls bryk nh og ,d ?kMh fcykliqj jsyos ykbZu ds ikl >qaMs ls cjken djk ldrk gWwa QnsZ bryk izn'kZ ih0 28 gS ftl ij , ls ch esjs gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gSA eqrkfcd bryk eqy0 fy;kdr us ,d ?kMh cjken djk;h ftldh QnZ tIrh izn'kZ ih0 9 gS ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh eksuchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS ftldk uD'kk eksdk ih0 11 gS ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh ekuchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gSA fnuakd 28-7-2003 dks 9-20 , ,e ij eqy0 jetku ls ,d dkjrwl ftank 319 cksj vkfjtuy o pkj gkFk ds cus dkjrwl ftank 315 cksj tCrh fd;s Fks ftldh QnZ tIrh izn'kZ ih0 10 gS ftl ij bZ ls ,Q esjs , ls ch os lh ls Mh eksrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS ftldk uD'kk eksdk ih0 11 gS ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh eksrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS mlh fnu eqy0 rS;c ls ,d galyh lksus dh mldh dCts ls t;sZ QnZ izn'kZ ih0 11 cjken dh Fkh ftl ij bZ ls ,Q esjs , ls ch lh ls Mh eksrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS mlh fnu eqy0 tehu ds dCts ls ,d ns'kh dV~Vk 12 cksj yksMsM uktk;t t;sZ QnZ izn'kZ ih0 12 tCr fd;k Fkk ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh eksrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS mlh fnu eqy0 egcwc ds dCts ls ,d ns'kh dV~Vk 12 cksj yksMsM t;sZ izn'kZ ih0 13 tCr fd;k Fkk ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh eksrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS mlh fnu eSaus ,d ns'kh dV~Vk yksMsM 12 cksj o ftank dkjrwl 12 cksj eqy0 vkJe ds dCts ls t;sZ QnZ izn'kZ ih0 14 tCr fd;k Fkk ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh eksrchjku ds gLrk{kj gS x LFkku ij eqy0 dk vaxwBk gS izn'kZ ih0 15 , gkykr uD'kk eksdk gS ftl ij , ls ch esjs gLrk{kj gSA fnuakd 2-8-2003 dks eSaus ?kVukLFky dk rLnhdh utjh eksdk rLnhd fujh{k.k rS;kj fd;k Fkk tks izn'kZ ih0 14 gS ftl ij bZ ls ,Q esjs , ls ch o lh ls Mh eksrchjku ds gLrk{kj gS ftl ij eqyfteku ds gLrk{kj o vaxwBs djk;s FksA gkykr eksdk fujh{k.k izn'kZ ih0 14 , gS ftl ij , ls ch esjs gLrk{kj gSA " 8. The accused appellants Jahid Khan was amongst others accused, who committed dacoity at the residence of Lallukhan and looted property from his house. Thus the prosecution has been able to prove case beyond reasonable doubt against the accused appellant. PW.1 Takhat Singh, was one of the Motbir and independent witness to the memos of arrest and recoveries made from the accused persons. He put his signatures A to B on Ex. P.1 memo of arrest of accused Jahid Khan, and Ex.P.8 recovery memo of articles Silver Payjeb, from accused Jahid s/o Ramjani. PW.2 Moolchand, who was also witness to recoveries from the accused persons, amongst PW.1, but he has been declared hostile. But he admitted his signatures on Ex. P.1 to Ex. P.15. PW.5 Banbihari, HC No. 138 Police Station MIA Alwar stated that Sabudin came to him at Bagad Chowki at 2.55 a.m. who stated to him that Thekda Ka Bass at the resident of Lallu Khan some miscreants came and they fired at them and one of the miscreant has been caught by them. He stated in his statement that the accused who are present in court were arrested from forest in his presence. Pw.6 Banshilal, Constable No.345 Police Station M.I.A. Alwar stated about his posting at MIA Camp Dekda and receipt of report by him and thereafter handing over it to the Police Station MIA at 4.00 a.m. over which case No.259/03 was marked and return back to him for giving it to SHO. Report is Ex .P.18 which was chalked out as FIR Ex. P.19 where he has put his signatures at place A to B. PW.7 Dr. Amarsingh Rathore, who examined the injuries of Subdeen son of Lallu, Smt. Janti wife of Lallu and Lallu son of Roopa, stated about the injuries received by them. PW.10 Lallukhan was the main eye witness, injured at the time of incident. He specifically implicated Jahid. Jahid shown knife to him. In his statement he stated that he knows by name Asram, Teyab, Mehboob, Jahid, Ramjani. Mehboob and Asram pointed Katta at him and at that time Rajak, Ramjan and Jahid gave beating to him by lathis and thereafter Jahid Khan taken out knife from his shoes and stated where they have the ornaments and inflicted knife blow on back side. Jahid on the point of knife taken away Payjeb from his wife. Mehboob and Asram pointed Katta at him and at that time Rajak, Ramjan and Jahid gave beating to him by lathis and thereafter Jahid Khan taken out knife from his shoes and stated where they have the ornaments and inflicted knife blow on back side. Jahid on the point of knife taken away Payjeb from his wife. PW.11 Janno wife of Lallukhan, stated in her statement that Jahid taken away Payjeb from her. She identified accused Mehboob, Jahid and Razak by name and by face. PW.13 Sabudin, one of the neighbour of complainant, who stated that in the night of 27 at 1.30 a.m. his wife woke up him and stated that at the residence of Lallu some thieves have come. On this he reached at the residence of Lallu. He stated in his statement that the accused present in court were caught in Lalchandi Forest. PW.15 Subedin son of Lallu, who was injured during dacoity committed by the accused appellants, implicated all the accused persons, who are present in the court. PW.16 Kailash Chand Meena, Police Inspector stated that on 28.7.2003 he was posted as SHO MIA, Alwar. On that day Lallu submitted report over which he made endorsement and Constable Banshilal was sent to Police Station for registering the case and Santlal ASI sent the report back after registering FIR where G to H Santlal put his signature. FIR Ex. P.19 was chalked out. On 29.7.2003 he prepared the site map of the incident place Ex. P.23 where he put his signature E to F and C to D and G to H are signatures of Motbirans. On 28.7.2003, accused Jahid, Liyakat, Teyab, Ramjan, Mehboob, Ashram and Jamil were arrested through arrest memos Ex. P.1 to Ex. P.7 where he put his signature E to F and A to B and C to D are the signatures of Motbirans. On 1.8.2003 by Ex. P.23 accused Rajjak was arrested. On 1.8.2003 accused Jahid gave information that he is prepared to give recovery of silver Payjeb, which is Ex. P.27 and recovery of Payjeb is vide Ex. P.8 and on it E to F he put his signature where A to B and C to D are the signatures of Motbiran and at place X thumb impressison of accused was obtained. P.27 and recovery of Payjeb is vide Ex. P.8 and on it E to F he put his signature where A to B and C to D are the signatures of Motbiran and at place X thumb impressison of accused was obtained. I am in agreement with the findings recorded by the trial court for the offences under sections 395 and 397 IPC against the accused appellant Jahid Khan The findings arrived at by the trial court cannot be said to be perverse. There is no question of lodging false case by the complainant on account of any enmity with the appellant. 9. The argument of the learned counsel for the accused appellants that the sentence awarded to the accused appellant for section 397 IPC is excessive. Looking to the facts and circumstances of the case, I reduce the sentence of 10 years to 7 years for offence under Section 395 IPC. 10. For these reasons the appeal filed by the accused appellant is partly allowed. The judgment of conviction dated May 26, 2009 of Addl. Sessions Judge (Fast Track) No.1 Alwar in Sessions Case No. 119/2003(135/03) is confirmed for the offences under sections 395 and 397 of the accused appellant Jahid Khan but the sentence awarded to him for the offence under section 397 IPC from 10 years RI is reduced to 7 years RI looking to the facts and circumstances of the case. The State Government is directed to consider the case of the accused appellant for remission under section 432 IPC in accordance with law.Appeal partly allowed. *******