SUKHRAJ SINGH @ RAMA Vs. STATE OF M.P

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of one and the same judgment, they are being decided and disposed of by this common judgment.

(2.) The appellants named above have challenged their conviction under Section 393 read with Section 397 of the Indian Penal Code and Section 25(1-B)A read with Section 3 and Section 25(1-B)B read with Section 4 of the Arms Act and sentence of R.I. for seven years with fine of Rs. 500/- each, in default of payment of fine to suffer additional S.I. for six months each and R.I. for one year and fine of Rs. 200/- each, in default of payment of fine to suffer additional S.I. for two months each respectively, passed by the learned Fourth Additional Sessions Judge, Indore in S.T. No. 30/2005 by judgment dated 29.11.2005.

(3.) In short, the prosecution case as placed before the Trial Court is that on 26.11.2004 in the noon at 1.00 p.m. near Rajeev Gandhi Square, Ring Road, Piplyarao, Indore, the complainant PW-1 Guruvej Singh was standing near his truck bearing registration No. MP-09-KD-3028. At that juncture, acquitted co-accused Faim Khan @ Dhanna Tyrewala and the appellants reached there and surrounded the complainant Guruvej Singh. Appellant V ikrain took out a revolver from his pocket and put its barrel at the neck of the complainant whereas appellant Sukhraj Singh and co-accused Dhanna Tyrewala put Chhoora at his abdomen and asked him to give money. The complainant got scared and shouted attracting Head Constable PW-6 Yudhishthir and PW-8 Rajkumar as well as truck-owner Risal Singh. All the three accused persons were caught with weapons on the spot. The driver Jernail Singh and some bi-passers also reached over on the spot. Accused persons were then taken to the Police Station where PW-1 Guruvej Singh lodged the report Ex.P/1 for commission of offences under Sections 393 and 3)8 of the Indian Penal Code. From appellar' Vikram, a country-made pistol and six live cartridges and from Sukhraj Singh and Faim Chhooras were seized. The Investigating Officer also prepared spot map Ex. P/ 2. The seized revolver was sent for examination and opinion, to PW-2 Irfan Ali who gave his opinion Ex.P/3. After obtaining sanction for prosecution under the provisions of Arms Act from Sub-Divisional Magistrate Shri Rameshwar Gupta, charge-sheet was filed against the accused persons for the above mentioned offences and Section 25(1-B)A read with Section 3 and Section 25(1-B)B read with Section 4 of the Arms Act.