SHABOO ALAM Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the aforesaid criminal appeals arise out of a common judgment and order dated 29.04.2013 passed by the Additional Sessions Judge/X -Cadre Court No.6, Lucknow in S.T.Nos.940 of 2010, 942 of 2010 and 943 of 20010, whereby both the appellants have been convicted and? sentenced to undergo rigorous imprisonment of 7 years along with a fine of Rs.5,000/ - each under Section 392/34 IPC, 5 years rigorous imprisonment along with a fine of Rs.5000/ - each under Section 455 IPC, 3 years rigorous imprisonment along with a fine of Rs.1000/ - each under Section 452 IPC, 3 years rigorous imprisonment along with a fine of Rs.2000/ - under Section 411 IPC and one year rigorous imprisonment along with a fine of Rs.1000/ - under Section 3/25 Arms Act. Both the appeals are, therefore, being disposed of together by a common judgment.

(2.) I have heard learned counsel for the appellants and the learned A.G.A. for the State.

(3.) THE prosecution case, in short, is that the informant Nitish Gupta, lodged a First Information Report with police station Mahanagar, Lucknow on 22.03.2010 stating therein that when he was present in the house along with her mother and maid -servant, at about 9.30 a.m., two young boys came and knocked the door. The mother of the informant thereupon opened the door and the two boys asked about some Guptaji. When the informant's mother said that Guptaji was not present in the house, both of them pushed away his mother and took out a country made pistol. Thereafter they tied the hands and legs of her mother and started loot. In the meantime, maid -servant, who was also present in the house, saw them and raised alarm. Upon hearing the alarm raised by the maid -servant, the people from the neighbourhood collected there and in the meantime, the police of Kotwali Mahanagar also reached. When the police challenged the assailants, they opened fire at the police party. However, the Inspector Kotwali, Mahanagar also fired from his service revolver and with the help of police force, both the assailants were apprehended. On being asked, one of the assailants told his name as Sabbu, resident of Sandila? District Hardoi while the other disclosed his name as Aslam, son of Firoz, he was also the resident of Sandila District Hardoi. The Inspector of Kotwali made search and the appellant Sabbu was found in possession of a country made pistol of 12 bore. Two live cartridges were also found from the pocket of his shirt. He was also found in possession of a gold neckless which was kept in the left side of his pant. The other appellant Aslam was found in possession of a country made pistol of 315 bore. He had also four live cartridges, a gold neckless, two gold ears rings and a knife. The alleged articles recovered from the possession of the appellants were sealed on the spot and a memo was also prepared. On the basis of the written application of the informant four different cases were registered against the appellants and the Inspector R.B.Gupta proceeded to investigate the matter. After completion of investigation, he submitted charge -sheet against the appellants as well as one Robin Gupta. Robin Gupta was charged with the offences under Section 3/25 and 4/25 of the Arms Act.