RAVINDRA Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in these two connected appeals by the three appellants Ravindra(A1), Rakesh @ Ravi(A2) and Anil(A3) are to their conviction under Section 393 IPC and imposed sentence of five years R.I. with fine of Rs. Two thousand each and in default in payment thereof to serve additional one year imprisonment, imposed by Additional Sessions Judge, Hapur, district Ghaziabad vide his impugned judgment and order dated 15.2.2010 passed in ST. No. 761 of 2002, State v. Rakesh @ Ravi and others, relating to PS. Simbhawali, District Ghaziabad vide Crime No. 233 of 2001.

(2.) Eschewing unnecessary details and stated briefly prosecution case against the appellants are that on 20.10.2001 at about 8.30 p.m. A1 to A3 with their another socio criminis companion Manoj (A4) endeavoured to loot transportation Tata truck-608, UMC- 8160 near Buxar while it was transporting fridge and TV from Ghaziabad to Moradabad driven.by informant Rajpal @ Pappu P.W. 1, after boarding at it at Hapur by asking for a lift to go to Garh. Written report about the incident Ext.Ka-1 was scribed by informant driver P.W. 1 ,who after measuring a distance of one and a half kilometres, lodged it at PS. Simbhawali, District Ghaziabad at 9.15 p.m. as Crime No. 233 of 2001.

(3.) Constable clerk, Rajesh Jindal prepared chik FIR Ext. Ka-3 and relevant GD entry Ext. ka 4. S.I. Harish Chandra Chaudhary commenced the investigation. According to the prosecution story, S.O. of PS Simbhawali was communicated about the crime through RT set message who started his return journey back to the police station. Subsequent to FIR registration P.W. 2, S.I. Kapil Bhardwaj and P.W. 1 started from the police station in search of the culprits. They met S.O. Arun Kumar at the gate of the police station who also joined them. Near Hussainpur crossing in the head lights of the Jeep and other plying vehicles they spotted four person standing by the road side. Informant P.W. 1 identified them as the malefactors of the loot incident and therefore at his pointing out police party rushed to apprehend them, on which,the culprits fired at the police party in their attempt to escape but the searching police party succeeded in arresting all the four culprits who disclosed their identities as A1 to A4. From the possession of A2 a country made pistol and from A1 and A4 two knives were recovered. Nothing was however recovered from the possessions of accused A3 Anil. Arrest and recovery resulted in registration of another FIR under Section 307/34 IPC and 25 Arms Act against the accused vide crime numbers 234 of 2001 (U/S 307/34 IPC) and Cr. Nos. 235 of 2001, and Cr. No. 237of 2001,(Both for offence Under 25 Arm's Act), in which separate charge-sheets were laid and a separate trial S.T. No. 758 of 2003 connected with S.T. No. 759 of 2003,760 of 2003 was conducted. In that police encounter no body had sustained any injury.