FARUQUE ALIAS MUNNA Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant u/ s 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C), is directed against the judgment and order dated 26.09.1988 passed by IIIrd Additional Sessions judge, Dehradun in S.T. No. 73 of 1985 & S.T. No. 74/1985, whereby the learned Additional Sessions Judge has convicted the appellant -Faruque under Sections 393 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and also u/s 25 of The Arms Act, 1959 (hereinafter to be referred as the Act) and sentenced him for four years' R.I. u/s 393 IPC and two years' R.I. u/s 25 of the Act. Both the sentences were directed to run concurrently. The appellant was acquitted of the charge punishable u/s 307 of IPC. Co -accused Hemraj was also acquitted for the offences punishable u/Ss 307, 393 r/w Section 34 IPC. In brief, the prosecution case is that on 1.4.1985 in the office of DTD&P (Air), Ministry of Defence, Dehradun, at about 2:30 P.M., in the office room of Administrative Officer, the cash, after counting, was being put inside the envelopes. Meanwhile, two persons entered into the office room of administrative officer and out of those two persons, face of one person was covered with a mask (Naqab) and another person was armed with a country made pistol. The accused persons shown the pistol to administrative officer and cashier S.P. Kohli and asked them to hands up. At that time, one other person Pratap Chand was also present in the room for counting of the cash. Then, the accused persons asked to handover the cash to them otherwise they threatened to kill them. As soon as the person wearing the mask moved forward to take the cash money, Pratap Chand opposed to it. On that, the person armed with a pistol, fired but the fire was missed. After that Pratap Chand caught hold the person armed with pistol by pouncing upon him. Another accused person tried to relieve his accomplice, then the person armed with a pistol attacked upon Pratap Chand due to which he received injury on his thigh. After hearing the noise, Tribhuwan Chabra, Jitendra Sharma, Manjit Singh, V.K. Bhatia also reached at the place of occurrence and took one accused person into their possession. However, another accused person was successful in running away. When the name of the person who was caught on the spot was asked, then he disclosed his name as Munna @ Faruqe (present appellant) and also disclosed to be resident of Raipur Estate. The person who ran away from the spot, his name was disclosed as Hemraj. The matter was thereafter immediately informed to the police. From the possession of the appellant, one pistol and two cartridges of 315 Bore were recovered. Out of those two cartridges, one was in the barrel of the pistol which was a missed cartridge and one cartridge of 12 Bore was also recovered from his pocket. From the possession of the appellant, two number plates i.e. one learning plate of the paper and one pant was also recovered. It was also averted in the FIR that appellant Munna @ Faruque had fired with the intention to kill Pratap Chand. It was further averted that the person who ran away from the spot could be identified by the employees' of the office. With the same averments, the FIR was given by V.K. Bhatia, Senior Scientific officer on 1.4.1985 at 4:30 P.M. to S.O. P.S. Dalanwala, Distt. Dehradun, that FIR is Ex. Ka -1. On the basis of this report, Chik FIR was prepared, i.e. Ex.Ka -14. The entry was also made in the G.D., the carbon copy of G.D. is Ex.Ka -15. The report which was received in the police station on telephone on 1.4.1987 at 2:40 P.M., the entry thereof was also made in the G.D. the copy of G.D. is Ex.Ka -16. The recovered items i.e. one country made pistol 315 Bore, one other country made pistol 12 Bore, one missed cartridge in the country made pistol 315 Bore, one live cartridge of 315 Bore, one live cartridge of 12 Bore, one mask (Naqab) colour blue, one hand bag in which one Khaki pant and three number plates. In one number plate, (L) was printed and that was printed over the number which was read as URM, however the entire number could not be read; in second plate DHX 836 was written and in third one, DHX 836 was printed by white paper. The aforesaid items were sealed after keeping them in the bag and a Fard was prepared, i.e. Ex.Ka -2. The investigation of this case was entrusted to P.W.8 S.I. Sudhir Kumar Tyagi. Injured Pratap Chand was medically examined by Dr. C.J. Singh, Medical In -charge, Coronation Hospital, Dehradun on 1.4.1985 at 4:45 P.M. and an injury report was prepared, the copy of injury report is Ex.Ka -11. During the course of the investigation, the I.O. inspected the place of occurrence and prepared a site plan i.e. Ex.Ka -3. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, he submitted the charge sheet against the appellant/accused u/Ss 393/398/307 IPC, that charge sheet is Ex.Ka -4. During the investigation co -accused Hemraj was also arrested by the police and against him also, the charge sheet was filed u/s 393/307 IPC, i.e. Ex.Ka -10. The I.O. also taken the sanction to prosecute the appellant/ accused Faruque @ Munna u/s 25 of the Act. The said sanction was accorded by Sri Atul Chaturvedi, District Magistrate, Dehradun on 3.7.1985, i.e. Ex.Ka -13. The I.O. after completing the investigation, also submitted the charge sheet against the appellant/accused Faruque @ Munna u/s 25 of the Act, that charge sheet is Ex.Ka -12.

(2.) LEARNED Additional Chief Judicial Magistrate, Dehradun committed the case to the court of Sessions on 5.8.1985 under section 209 Cr.P.C. after complying with the provisions of Section 207 Cr.P.C.

(3.) TO prove its case, the prosecution has examined P.W.1 V.K. Bhatia who lodged the FIR, P.W.2 K.A. Vishwanathan, eyewitness, P.W.3 Raghunandan, eyewitness, P.W.4 Pratap Chandra, injured eyewitness, P.W.5 Tribhuwan Chhabra, eyewitness, P.W.6 Virendra Kumar, eyewitness, P.w.7 S.P. Kohli, eyewitness, P.W.8 Sudhir Kumar Tyagi, I.O. of the case, P.W.9 Om Prakash Sharma, Inspector who was also posted at that time as Inspector In -charge of the P.S. Dalanwala and P.W. 10 Dr. C.J. Singh who had medically examined P.W.4 Pratap Chandra.