PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals emanate from the common judgment and order dtd. 26/10/2017 passed by learned Additional Sessions Judge, Court No. 16, Muzaffar Nagar in Sessions Trial No. 1353 of 2015 (State Vs. Pappu @ Sabir and another) arising out of Crime No. 333 of 2014, under Ss. 392, 307, 411, 420 IPC; Sessions Trial No. 1354 of 2015 (State Vs. Pappu @ Sabir) arising out of Crime No. 334 of 2014, under Sec. 25 Arms Act and Sessions Trial No. 1355 of 2015 (State Vs. Khalid) arising out of Crime No. 352 of 2014, under Sec. 25 Arms Act, Police Station Mansoorpur, District Muzaffar Nagar by which appellants have been convicted and sentenced under Sec. 392/34 IPC for a period of seven years rigorous imprisonment with fine of Rs.10,000.00 for each, in default of payment rigorous imprisonment for a period of one year; under Sec. 420/34 IPC for a period of five years imprisonment with fine of Rs.5,000.00 for each, in default of payment imprisonment for a period of six months and under Sec. 411 IPC for a period of two years imprisonment with fine of Rs.2,000.00 for each, in default of payment imprisonment for a period of three months which are to run concurrently, therefore these appeals are heard and being decided together.

(2.) The prosecution case in brief is that on 10/8/2014 informant Devendra Kumar, resident of Almaspur, Police Station Mansurpur was going to his Sasural with his wife Smt. Pooja at about 10.30 a.m. As he arrived at the bridge of Kali River, two robbers came from behind on their motorcycle bearing no. U.P.-12 AC 5118 and barred his way by stopping their motorcycle in front of the scooty. They robbed Rs.5000.00 from the pocket of informant and golden ear-ring, golden chain, mangalsutra and mobile from his wife at gun point. Meanwhile, Anuj and Neeraj reached there by their car, those were resident of his Sasural. On making noise both the robbers ran towards Jadauda. They followed them. The robber sitting on the back of motorcycle made a fire to kill them but they did not stop. In front of Gupta Resort, motorcycle of robbers collided with divider and they fell down. One of the robbers was caught by people with a country-made pistol and mobile. On query, he told his name Pappu s/o Ayub r/o Harsauli, P.S. Shahpur, District Muzaffar Nagar and also tell the name of other robber Khalid s/o Abdulla r/o Harsauli. Pappu was brought to the police station by the informant with motorcycle, country-made pistol and one mobile and got Tahreer scribed by one Govind Kumar. Case was registered at Police Station as Crime No. 333 of 2014, under Sec. 392, 307, 411 IPC and Crime No. 334 of 2014 under Sec. 25 Arms against Pappu s/o Ayub and Khalid s/o Abdulla.

(3.) Recovery memo was prepared by the police regarding aforesaid articles.