PUSHPENDRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Code of criminal Procedure 1973 has been preferred by the appellant being aggrieved by the judgment dated 3rd August 2006 passed in Special, Sessions trial No. 22/ 2006, by the Special Judge (MPDVPK), Shivpuri (M.P.), convicting him for offence punishable under Sections 392/34 read with Sections 397 and 412 of I.P.C. and under Section 11/13 of the MPDVPK Act and sentencing to suffer ten years rigorous imprisonment with a fine of Rs. 10,000/- for commission of offence under Section 392/34 read with Section 397 of I.P.C. and in default to suffer three years' additional rigorous imprisonment. No separate sentence has been awarded for commission of offence under Section 412 of I.P.C. and under section 11/13 of the MPDVPK Act. The appellant was further found guilty for commission of offence under Section 25(l-b)(A) and Section 27 of the Indian Arms Act and sentenced to suffer three years rigorous imprisonment with a fine Rs. 2,000/- and in default to suffer six months' additional rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) The prosecution story in short is that on 15th November 2005, at about 8 p.m. in night, while the, complainant Ramniwas Sharma alongwith staff members of Petrol Pump was sitting at Dawar Petrol Pump situated in Badarwas on A.B. road one boy came driving a Classic Jeep (Mahendra Company) and parked his vehicle just before the cabin of Petrol Pump. It is alleged that soon after him two miscreants came on a Hero Honda motorcycle. One of them caused opened fire by fire-arm and other two entered inside the cabin of Petrol Pump and put the country-made pistol at the forehead of the complainant. They asked for keys of the chest. When the complainant refused they threatened to kill him and ultimately succeeded in snatching the keys from the possession of the complainant. Thereafter they opened the drawer of the chest and looted Rs. 2,84.420.00, one telephone of Cream Colour of G-tel Company lone mobile model 1100 and after keeping all these looted articles in one beg fled away from the spot by the same vehicles. The Registration Number of the Motorcycle used in the crime was noted as RJ 20 13M 9623. On report of the complainant at. about 8.15 p.m. the FIR was lodged against unknown persons by the Police Station Badarwas, district Shivpuri for commission of offence under Section 392 of I.P.C. read with Sections 11/13 of the MPDVPK Act.

(3.) During investigation, the accused Sonu @ Jeetendra s/o Shiv Raj Singh was arrested on 15th November 2005 (on the fateful night itself) and on his information Rs. Three thousand was recovered from him. On the same day, accused/appellant Pushpendra was arrested and on his information Rs. 2,28,970.00 and Jeep Classic Mahenda, one motorcycle used in the incident were recovered. From his possession further recovery of one Nokia mobile, 315 bore Katta, one Splendor motorcycle of Hero Honda bearing registration No. RJ 20 13M 9623 and one mobile of reliance was also made. Another accused Mahesh Meena was arrested and on his information looted property viz., one telephone instrument was recovered. Looted property was also identified by the complainant side. After investigation, the charge-sheet was filed before the trial Magistrate. On committal the Sessions Trial was commenced before the trial Judge. After trial, the Judge found the appellant guilty for commission of offence punishable under Sections 392/34 read with Sections 397 and 412 of I.P .C. and under Section 11/13 of the MPDV1PK Act and further under Sections 25 (lb)(A) and 27 of the Arms Act and accordingly punished him as stated aforesaid. Hence, this appeal.