FIROZ RIZVI Vs. STATE OF C.G.

JUDGEMENT

(1.) As these three appeals arise out of the judgment of conviction and order of sentence dated 29.8.2008 passed by the Additional Sessions Judge (FTC), Raipur in ST No.189/2004 convicting the appellant Mammu @ Mammo under Section 395/397 of IPC and appellants Firoz Rizvi and Nasibuddin under Section 395 of IPC and sentencing each of them to undergo imprisonment for life and pay a fine of Rs.5000/- with default stipulation, they are being disposed of by this common judgment.

(2.) Brief facts of the case are that on 21.6.2002 at about 1.45 pm when employees of Laxmi Mahila Nagrik Sahkari Bank, Gudiyari were taking cash of Rs.12 lac in a suitcase in Maruti Van from Gudiyari to Main Branch, GE Road, Raipur, five unknown persons carrying weapons in their hands reached there and committed dacoity of the entire amount. It is further said that while committing dacoity, accused/appellant No.1 Mammu @ Mammo @ Nuratki fired gunshot at Yogesh Verma (PW-8), as a result of which he sustained injury on his left knee. A prompt report Ex.P/10 was lodged at 2.10 pm by PW-8 Yogesh Verma, cashier of the bank, on the basis of which offence under Sections 395, 397 was registered against five unknown persons. PW-8 was medically examined by PW-12 Dr. Rajeev Pandey vide Ex.P/20 and he noticed one abrasion on left knee joint of size 6 cm x 3 cm caused by hard and blunt object. On 29.1.2004 accused/appellant No.1 Mammu and accused/appellant No.2 Firoz were arrested from Central Jail, Durg and on 5.2.2004 accused/appellant No.3 Nasibuddin was also arrested from Central Jail, Durg.

(3.) So as to hold the accused/appellants guilty, the prosecution examined 24 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.