ARAF MULLA AND Vs. STATE

JUDGEMENT

(1.) Both the appeals arise out of the same judgment and are being disposed of by one common order.

(2.) The three appellants were prosecuted under Sections 457 and 395 read with Section 397 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.'); under Section 27 of the Indian Explosives Act and S. 9-B(b) of Explosive Substances Act, on the allegation that they have committed dacoity in the night of 21/22-12-90 at Bergarh and taken away a cash amounting to Rs. 68,000/- and wrist watches from Sitaram Service Station (Petrol Pump). The three appellants have been convicted under Sections 457 and 392, I.P.C.; under Section 9-B(b) of the Indian Explosives Act and sentenced to undergo rigorous imprisonment for five years, nine years and one year respectively. All the sentences were directed to run concurrently.

(3.) The order of conviction was passed on the evidence of P.Ws. 1, 2, 3 and 5 who were the employees of the said Petrol Pump. Apart from the four eye-witnesses, prosecution had examined P.W. 4, the Magistrate, who had conducted the Test Identification Parade. P.W. 6 is the informant and the owner of the Petrol Pump and P.Ws. 7, 8, 9 and 10 were the Investigating Officers.