JAQIR @ JAVED Vs. STATE OF M P

JUDGEMENT

(1.) Aforesaid appeals arise out of the common judgment dated 24/05/1999 delivered by Additional Sessions Judge, Manasa, District Neemach in Sessions Trial no. 135/1997 whereby, appellants Ritesh @ Nitesh, Haseeb @ Guddu and Javed @ Jaqir have been convicted under sections 394 and 397 of IPC. For the offence under section 394 of IPC, they have been2 sentenced to undergo R.I for five years with fine of Rs. 500/- each, in lieu of non-payment of fine, to further undergo S.I for four months each. For offence under section 397 of IPC, they have been sentenced to undergo R.I for seven years with fine of Rs. 500/- each, in lieu of non-payment of fine, to further undergo SI for four months each. Appellant Javed @ Jaqir has also been convicted under section 25(1)(A) of the Arms Act and has been sentenced to undergo R.I for one year. All the sentences are directed to run concurrently.

(2.) In brief, case of the prosecution is that complainant Lokesh Jain was working as an Accountant in the Firm M/s Bansilal Babulal and he was doing the work of Salesman. On 26/03/1997, complainant Lokesh was carrying boxes of Nirma Washing Powder and Nirma Soaps in a Mazda Truck which was being driven by driver Ganpat Bairagi. In the said truck, Anil Kumar and Hamal Lal Das were also sitting. When the truck was going from Manasa to Rampura and it reached near Village Hadi Pipliya, then one motorcycle, on which three persons were sitting, came from behind the truck. After overtaking, those three persons came in front of the aforesaid truck and in consequence whereof, the truck was stopped. Out of the three motorcyclist, one was having pistol in his hands; he hit upon the head of complainant Lokesh Jain with ' kunda ' of his pistol.

(3.) Report lodged by complainant Lokesh Jain is Ex.-D/1, which is reproduced hereunder for the sake of reference :