KAPIL DAS MAHANT Vs. STATE OF CHHATTISGAR

JUDGEMENT

(1.) Since all the three appeals arise out of a common judgment, they are decided together.

(2.) The instant appeals have been preferred against the judgment dated 29.8.2016 passed by the 2nd Additional Sessions Judge, Janjgir-Champa in Sessions Trial No.52 of 2016, whereby the present Appellants have been convicted and sentenced as under:

(3.) Prosecution case, in brief, is that on 5.1.2016 at about 9:00 a.m., Complainant Devvrat (PW7) was returning on his motorcycle bearing registration number CG 12 AJ 5105. When he reached near Beltukri Canal, 3 unknown persons came there on a motorcycle, overtook and prevented him. Out of the said 3 unknown persons, one showed a country-made pistol (katta) and other showed a knife to him and they demanded his purse and mobile phone. Due to fear, he gave his purse in which cash of Rs.500/- was kept. Thereafter, they also looted his motorcycle and mobile phone made of Micromax in which a sim of Vodafone was installed. Thereafter, they fled from there. He immediately lodged First Information Report (Ex.P15) at about 11:00 a.m. During the course of investigation, police recorded memorandum statements of Appellant Kapil vide Ex.P5, Appellant Radheshyam vide Ex.P6, Appellant Kamal vide Ex.P7 and Appellant Sharad vide Ex.P8. On the basis of their memorandum statements, looted motorcycle and cash of Rs.200/- were recovered and seized from Appellant Kamal vide Ex.P4, one Micromax mobile phone, cash of Rs.300/- and a knife of total length of 9.2 inches (consisting of its sharp flat metal piece having 5 inches length and the handle having 4.5 inches length) were recovered and seized from Appellant Radheshyam vide Ex.P3. One country-made pistol (katta) and 7 alive cartridges of 315 bore were recovered and seized from Appellant Sharad vide Ex.P2. One Hero Passion Pro motorcycle bearing registration number CG 13 5A 0732, which was used by the Appellants at the time of loot, was recovered and seized from Appellant Kapil vide Ex.P1. Test identification parade was conducted by Executive Magistrate Shabab Khan (PW3) vide Ex.P12 in which Complainant Devvrat (PW7) identified accused persons/Appellants Kapil, Kamal and Sharad. However, he did not identify accused/Appellant Radheshyam in the said parade. On completion of the investigation, a charge-sheet was filed. Charges were framed against the accused persons.