RAJU KHANJAR Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 28. 6. 2008 passed by the additional Sessions Judge, Bhatapara, Camp court, Baloda Bazar, in Sessions Trial No. 14/2007 whereby and whereunder. learned additional Sessions Judge after holding the appellants guilty for the offence punishable under Sections 399 and 402 of the Indian penal Code each of them sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1000/- and rigorous imprisonment for 5 years and to a fine of rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months on each count.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that without there being any proof for preparation to commit dacoity and that too by five or more persons, the Court below has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) CASE of the prosecution in brief is that the present accused/appellants and one absconding accused are residents of Bhilai, district Durg. On the date of incident i. e. 29. 4. 2005 Station House Officer of the police station Palari, District Raipur came into knowledge that present appellants and one absconding Jaideep were present in the vacant house of Daulat Chandrakar at Palari in suspicious condition and planning for committing dacoity. Investigating officer along with police officials with arms proceeded for the spot. Police force surrounded the house of Daulat Chandrakar. They heard the sound of persons present inside the house. They were speaking with each other that they will commit dacoity in the house of heera Seth and they are directing their persons as to how they will commit dacoity and who will present at which place. They were planning to commit dacoity about 12 mid night Raid party challenged the persons present inside the house, then two persons fled away from the house and three accused persons namely Raiu Khanjar, Chhotu @ krishna and Pitamhar were found in the house. They were caught red handed along with arms and ammunition. Dehati nalishi was recorded on the spot vide Ex. P/6. Finally, f. I. R. was lodged vide Ex. P/5. Accused Raju was in possession of one country-made pistol, one knife and two cartridges which were recovered from him vide Ex. P/7, Accused chhotu @ Krishna was having one country-made pistol end two cartridges which were recovered from him vide Ex. P/8 and accused pitambar was also in possession of one country-made pistol and three cartridges which was recovered from him vide Ex. P/9. Sketch of arms and cartridges were prepared vide Exs. P/10 to 12. Accused were arrested on the spot vide Exs. P/13 to 15. Spot map was prepared vide Ex. P/16.