VIRENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these appeals arise out of the common first information report being FIR No.343/1996 registered with Police Station Jawahar Nagar, Jaipur for offence u/Ss.307, 332, 353, 365, 395, 397, 324 IPC and Sections 3/25 and 4/25 of the Arms Act leading to conviction of the appellants in two separate trials. While first three of these appeals namely; D.B. Criminal Appeals No.709/2008, 634/2008 & 800/2008 are directed against the common judgment dated 31/05/2008 passed by the learned Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No.112/2001, fourth D.B. Criminal Appeal No.448/2011 is directed against the judgment dated 24/07/2008 passed by the learned Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No.48/2008 whereby, the accused-appellants were convicted and sentenced for the alleged offences, as under:-

(2.) The facts giving rise to these appeals are that a 'parcha bayan' of Home Guard-Ummed Singh was recorded on 21/09/1996 that he along with Police Constable-Laxminarayan was on surveillance duty in the night of 20-21/09/1996 in Ram Gali Nos.6 & 7 of Raja Park Colony of Jaipur. When they reached in front of 'Appu Ghar' at 3.30 a.m., they found a person standing in suspicious circumstances. Then they noticed two persons breaking shutter of 'Look Fine Garments Store'. They challenged them. However, one of them took out a pistol and pointed at him (informant). Four-five persons suddenly came there and started beating him. One of them caught hold of him, whereas another put a pistol on his chest. They compelled him to sit in a blue Maruti Car. Other accused started beating Laxminarayan. One of the culprits, who was having a knife in his hand, assaulted Laxminarayan. Laxminarayan started crying for help and he entered the nearby house. Accused ran behind him and entered the shop. He then entered the adjoining room and bolted the room from inside. Soon the accused came out. They broke the glass of shop-Look Fine Garments Store and took out some bundles of garments therefrom and put the same in a white Maruti Van and ran away. Ummed Singh was also in the Van. One of the accused called another by the name of Mahaveer, asking him what to do with him (Ummed Singh). Second person, who was being referred as Mama suggested that chili powder be put in his eyes and he should be thrown out. Suddenly, one of them threw chili powder in his eyes and pushed him down from the Van. He went to nearby house for help. He washed his eyes with water and then made telephonic call to the police for help.

(3.) On the basis of the aforesaid 'parcha bayan', a first information report was lodged against all the accused vide No.343/1996 with Police Station Jawahar Nagar, Jaipur for offence u/Ss.307, 332, 353, 365, 395, 397, 324 IPC and Sections 3/25 and 4/25 of the Arms Act. A wireless message was flashed and police intercepted both the vehicles on Delhi route and arrested the accused within few hours. After investigation, the police filed challan against eight accused for the aforesaid offences in the court. On committal of the case, the learned Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur framed the charges against the accused for offence u/Ss.147, 395, 397, 332, 353 and 365 IPC and Sections 3/25 and 4/25 of the Arms Act. The accused pleaded innocence, denied the charges and claimed to be tried. The prosecution examined as many as 33 witnesses and produced 48 documents to prove their case. One of the accused namely; Birju @Vijendra died during trial. Remaining seven were convicted, who have preferred the present four appeals.