RAJENDRA PRASAD, DEVENDRA PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 20.12.2008, passed by Learned Sessions Judge, Champawat, in Sessions Trial No. 20 of 2006, whereby said court has convicted the accused/appellants Rajendra Prasad and Devendra Prasad alongwith three other co-accused Amiul, Prem Kumar and Mobin under section 395/34, 397/34, 398/34 and 412 of I.P.C. Each one of them has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 20,000/- under section 395/34 of I.P.C., rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 40,000/- under section 397/34 of I.P.C., rigorous imprisonment for a period of seven years under section 398/34 of I.P.C., and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 20,000/- under section 412 of I.P.C.

(2.) Heard Learned counsel for the appellants, and Learned counsel for the State, and perused the lower court record.

(3.) Prosecution story, in brief, is that 10.10.2006, a Uttarakhand State Transport bus bearing no. UA07K-6634 of Pithoragarh Depot on its way from Delhi to Jhulaghat. Five new passengers boarded in the bus at Tanakpur. When the bus reached near Sukhidhang, Tiffin Top, at about 4.45 a.m., aforesaid five new passengers (all five are accused in this case) took out knife and country made pistols. They threatened the conductor, and the other passengers and looted them. The five accused including the present two appellants looted the cash bag containing Rs. 12,000/-, the ticket book and mobile phone of the conductor. The accused also looted Rs. 1,480/- from passenger Inder Singh (PW2), Rs. 11,000/- and mobile phone from Khilanand Chobey (another passenger), Rs. 3,315/- and some clothes from Rajendra Joshi, Rs. 3,000 and mobile phone from Sanjay Chand, and Rs. 544/- from Anand Goswami (all passengers). Prosecution case is that five accused got stopped the bus and ran away towards jungle with the booty. A First Information Report (Ex-A2) was got lodged by Hayat Ram (PW1), conductor of the bus. On the basis of said report crime no. 286 of 2006 was registered at Police Station Kotwali Champawat. Investigation was taken up by Station House Officer R.S.Tolia (PW5) who led a team of police personnel and conducted combing operation. The police party arrested the accused on the same day from the jungle and recovered the looted property. After completion of investigation, charge sheet (ExA11) was filed against all the five accused namely Mobin, Devendra Prasad (appellant no.2), Amiul, Prem Kumar and Rajendra Prasad (appellant no.1) for their trial in respect of offences punishable under section 395, 397, 398 and 412 of I.P.C.