SUDESHWAR @ CHETHALA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 29.1.2005 passed by the Additional Sessions Judge (FTC), Ramanujganj, Sessions Division Sarguja (CG) in ST No.348/2001, whereby and whereunder the learned trial Judge after holding the appellant guilty for commission of offence under Sections 395 and 398 of the IPC and Sections 25(1) and 27(1) of the Arms Act, 1959, convicted and sentenced him to undergo R.I. for 10 years and fine of Rs.5,000/-, R.I. for 7 years, R.I. for 3 years and fine of Rs.2,000/- and R.I. for 3 years and fine of Rs.3,000/- respectively with default stipulations. All the sentences were directed to run concurrently.

(2.) The conviction is impugned on the ground that without there being any iota of evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per the prosecution case, on 27.10.2002 at about 10.30 am, Vinod Prasad (PW1), Driver of Omprakash Bus was driving the public transport bus bearing registration No. CG 15ZA /0103 carrying passengers. While he was crossing near Kanakpur, the appellant along with other co-accused persons intercepted the Bus on the point of country made pistol and brought down him and assaulted with club. They snatched Rs.1,000/- from his pocket and watch from hand. They also snatched the cash amount of tickets from Bus Conductor and other articles and money from the passengers of the Bus. Vinod Kumar (PW1) reported the matter to Police Station Ramanujganj and after registration of F.I.R. police swung into action. Rs.15,500/- one pistol (loaded country made pistol) and substance for preparation of cartridge was seized from the appellant as per his discovery statement Ex.P/8 and seizure Ex. P/9,. Firearm seized from the appellant was sent to Ballistic Expert for examination and after examination the expert opined that the said firearm is in service condition. Sanction for prosecution was obtained under Section 39 of the Arms Act and the same was accorded by the District Magistrate, Sarguja vide Ex. P/25. Identification parade was conducted by the Executive Mgistrate. The appellant was identified by witness Nisar (PW7). After investigation charge sheet was filed. The appellant did not plead guilty, therefore, trial was conducted and after completion of the trial, the trial Court has convicted and sentenced the appellant as above.