CHATRPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since all these criminal appeals have their basis a common FIR, they are heard together and being decided by this common judgment.

(2.) The prosecution case briefly stated is as follows; On 11.01.2010, at about 01:30 in the afternoon, the jeweller's shop in the name and style of 'Neelam Jewellers' owned by PW 1 Vinay Garg (who is the informant also) and PW 2 Aman Garg was stormed by some miscreants. At that time, PW 9 Chanchal and one Mr. Rajkumar were the employee in the shop and PW 7 Smt. Gagandeep Kaur was a customer. The miscreants, at gun point, robbed the shop. They took all the jewellery. In fact, they looted the jewellery from PW 7 Smt. Gagandeep Kaur also. When they ran away, PW 1 Vinay Garg, PW 2 Aman Garg and other employees of the shop raised an alarm. A report of the incident was lodged by PW 1 Vinay Garg, in which it was stated that the jewellery of about Rs.55.00 lakhs worth were looted along with its vouchers, etc. Based on which, chik FIR, Ex. A-17 was lodged at 03:30 p.m. at Police Station Bazpur, District Udham Singh Nagar and a case was lodged. The chronology of events, thereafter, is as follows:-

(3.) PW 10 Harish Mehra conducted the investigation, prepared the site plan and submitted Charge Sheet No. 117 of 2010 dtd. 23/4/2010, against the appellants Bijendra, Bhupendra, Chatrapal, Satish and Indrapal, which was the basis of Sessions Trial No. 123 of 2011, which was committed to the court of Sessions for trial on 11/5/2011.