SHARIF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both these appeals arise out of the same impugned judgment, they are being decided together by this common judgment.

(2.) The appellants have challenged the judgment dated 3.8.2007, passed by the Additional District and Sessions Judge, Rajgarh, District Alwar, whereby the learned Judge has convicted the appellants for offence under Section 395 IPC and has sentenced them to three years of rigorous imprisonment and has imposed a fine of Rs.5,000/- each, and to further undergo three months of rigorous imprisonment in default thereof.

(3.) Briefly, the facts of the case are that on 26.11.2006, Harchand Yadav, SHO, Police Station Tehla recorded a Parcha Bayan (Ex-P/1) of one Kaluram (PW-1). In the Parcha Bayan, Kaluram narrated that he is resident of Achalpuri. According to him, he is the driver on Tata 407, bearing registration No.RJ-02/G-9101, which belongs to Jaikishan Gupta. Since he does not have a cleaner for the said vehicle, he takes a labourer (Palledar) from his employer. He further alleged that on 25.11.2006, he took the truck from Khedli Pichnot to Jaipur. He was accompanied by one Prem Chand (PW-2), who was the Khalasi on the truck. Around 8 O'clock at night, they stopped near Rajgarh Phatak and took dinner. When they left, two persons boarded the truck. However, they got down near Rajgarh Power House. As the truck went along, near Badla village, a red colour dumper came. The dumper stopped and three to four persons got down from it and surrounded the truck. The miscreants assaulted both Kaluram and Prem Chand with fists and kicks and threw them in the back of the truck. Near Veerpur, Kaluram's and Prem Chand's hands were tied, and the truck was taken towards Rajgarh. Further, Kaluram claimed that the miscreants not only took away Rs.750/- from him, but also took a red colour hanky, a red colour Jersey and a blanket which belonged to Prem Chand. Lastly, he claimed that because of the assailants, he had suffered certain internal injuries on his chest as well as on his right foot. According to Kaluram, the said incident had occurred around 9:30 PM. On the basis of said Parcha Bayan, a FIR, FIR No.155/06 was chalked out for offence under Section 382 IPC. During the course of investigation, the appellants were arrested. Subsequently, a charge-sheet was filed against the appellants for offence under Section 395 IPC. In order to buttress its case, the prosecution examined eighteen witnesses and submitted thirty-eight documents. In order to defend themselves, the appellants examined Sharif and produced a single document. After going through the oral and documentary evidence, the learned trial court convicted and sentenced the appellants as aforementioned. Hence, these appeals before this Court.