ASGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18/10/1984 passed by learned Additional Sessions Judge No. 2, Bharatpur whereby he convicted and sentenced the appellants-Asgar and Mazid as under :- Asgar and u/S. 399, I.P.C. Mazid each One year's rigorous imprisonment with a fine of Rs. 100.00 and in default of payment of fine to further undergo one month's rigorous imprisonment. u/S. 402, I.P.C. One year's rigorous imprisonment with a fine of Rs. 100.00 and in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) Both the substantive sentences were ordered to run concurrently.

(3.) According to prosecution, both the appellants along with co-accused-Munna who has absconded during trial, were arrested by the SHO, P. S. Kumher (Distt., Bharatpur) P.W. 6 Narain Sahai and his party from Kundewali Dharamshala situated in Kumher town on 29-3-1982 at about 2.00 a.m. and one axe, two kattas (countrymade pistol) and three hand-grenades were also seized from the accused. It was alleged by the prosecution that the accused were making preparation to commit dacoity in the house of Harcharan Lal and they assembled in Dharamshala for the purpose of committing dacoity, it was also alleged by the prosecution that on seeing the police, the remaining accused fled away and could not be arrested. A case was registered under Ss. 399 and 402, I.P.C. and Ss. 3/25. The Arms Act by the SHO, Narain Sahai. FIR is Ex. P10. During investigation no other accused was arrested. On completion of investigation, a charge-sheet was laid against the appellants and the accused-Munna in the Court of Judicial Magistrate No. 1, Bharatpur who committed the case to the Court of learned Sessions Judge, Bharatpur. The file was received by Additional Sessions Judge No. 2, Bharatpur on transfer and he framed charges under Ss. 399 and 402, I.P.C. against the appellants and co-accused-Munna. Both the appellants and the co-accused-Munna pleaded not guilty and claimed to be tried.