MOHD IQBAL Vs. STATE OF A P

JUDGEMENT

(1.) APPELLANT andthree other were tried forthe offences under Sections 395 IPC and Section 5 of the Indian Arms Act and were convicted by the trial Court after trial for the said offences and were sentenced to rigorous imprisonment for five years and fine of Rs. 200/- each, in default to suffer rigorous imprisonment for a further period of two months each for the offence under Section 395 IPC and two years rigorous imprisonment and fine of Rs. 100/-,in default to suffer rigorous imprisonment for one month each for the offence under Section 25 of the Indian Arms Act.

(2.) THE case of the prosecution is that on 24-08-1998 when P. Ws. 1 to 4, 6 and 8 were proceeding in a bus bearing No. AP10z 4170 with P. W. 1 as conductor and P. W. 2 as driver of the said b us, the appellant and others who got into the bus, pointed out a pistol to p. W. 2 and made him to stop the bus and robbed cash from P. W. 1 and other passengers and fired firearms and left the scene and so p. W. 1 gave Ex. P-1 report to the police, who visited the scene of offence and prepared ex. P-3 panchanama and Ex. P-4 sketch in presence of P. Ws. 5 and 7 and arrested the accused on 08-09-1998 in connection with some other crime and in pursuance of the confession in this crime, led the police to the place of concealment of M. Os. 1 to 7, which were recovered in the presence of P. W. 9.

(3.) THE appellant and the other accused who pleaded not guilty did not examine any witness on their behalf, but Ex. D-1 was marked during thecourse of cross-examination of P. W. 2. The trial Court believed the evidence of prosecution and convicted all the accused. Hence, this appeal by A-1.