RAMU ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) BOTH the above noted appeals are being disposed of together as these germinate from the same incident, FIR and judgment of the Trial Court.

(2.) BOTH the appellants have been convicted under Sections 392/397 IPC. Appellant Vijay has also been convicted under Section 27 of the Arms Act. Appellants have been sentenced to undergo rigorous imprisonment for seven years each and to pay fine of ' 3,000/- ; in default of payment of fine to undergo simple imprisonment for three months each. Appellant Vijay has also been sentenced to undergo rigorous imprisonment for three years and to pay fine of ' 2,000/- ; in default of payment of fine to undergo simple imprisonment for two months under Section 27 of the Arms Act. Benefit of Section 428 Cr.P.C. has also been given to the appellants.

(3.) PW 3 ASI Uttam Chand sent wireless message about the incident to Police Station Saraswati Vihar pursuant whereof, DD No. 42 B was recorded and handed over to SI Ram Sharan (PW9) who along with Const. Balwan Singh (PW1) reached at the spot. PW 9 SI Ram Sharan recorded statement of PW2 Brij Mohan Rathi, wherein, he narrated the incident in the manner as has been described in para 4 hereinabove. Katta and knife were measured and their sketches were prepared. Thereafter, both the weapons were sealed in separate pulandas and taken in possession vide seizure memos Ex. PW1/A and PW1/B respectively and later on deposited in Malkhana. Both the appellants were arrested. Site plan (PW2/F) was prepared. Statements of other witnesses were also recorded. Later on katta was sent to Forensic Science Laboratory (FSL) and its report was obtained.