KAPIL DAS MAHANT Vs. STATE OF CHHATTISGARH

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.51 of 2016, whereby the present Appellants have been convicted and sentenced as under:

(3.) Prosecution case, in brief, is that on 4.1.2016 in the afternoon at about 12:30 O'clock, Complainant Mahendra Agrawal (PW1) and his wife Pooja Agrawal (PW2) and their children were returning on a motorcycle. When they reached near jungle nahar bridge, 3 unknown persons came there on a motorcycle, overtook and prevented them. They showed them a katta (country-made pistol) and a knife and demanded money from them. Thereafter, they looted a mobile phone of Nokia brand in which a sim of idea company bearing mobile number 8889892627 was placed from the pocket of Complainant Mahendra Agrawal. They also looted gold tops which were worn by Pooja Agrawal. Thereafter, all the accused persons fled from the spot. On 11.1.2016, Complainant Mahendra Agrawal (PW1) lodged First Information Report (Ex.P15) in this regard against 3 unknown persons at Police Station Baloda. During the course of investigation, it was found that a separate crime bearing Crime No.6 of 2016 was registered against the accused persons at Police Station Baloda for the offence punishable under Section 392/34 of the Indian Penal Code and Section 25 of the Arms Act. In Crime No.6 of 2016, memorandum statements of accused/Appellants Kapil Das, Radheshyam Kashyap, Kamal Chandra and Sharad Goutam were recorded vide Ex.P6, P7, P8 and P9 and on the basis of the said memorandum statements, the weapons of offence, i.e., the katta and the cartridges were seized vide seizure memo Ex.P3 and the knife was seized vide seizure memo Ex.P4. The looted mobile phone of Nokia brand was seized from Appellant Kapil Das vide seizure memo Ex.P10. During the course of investigation, it was found that accused/Appellant Kapil Das along with his mother co-accused Shantabai (acquitted) sold the looted gold tops to co-accused Purushottam Soni (acquitted). The said gold tops were seized from Purushottam Soni vide seizure memo Ex.P17. Later on, the said gold tops were duly identified by Pooja Agrawal (PW2) vide Ex.P11. During the course of investigation, all the accused persons/Appellants were duly identified by Complainant Mahendra Agrawal (PW1) and his wife Pooja Agrawal (PW2) vide Ex.P12 and P13. On completion of the investigation, a charge-sheet was filed. Charges were framed by the Trial Court.