SHEESHO @ SHEESHRAM & ANR. Vs. STATE

JUDGEMENT

(1.) Appellants Sheesho @ Sheeshram and Keshar @ Keshardev faced trial for the alleged commission of offences punishable under Sec. 397 Penal Code and Sec. 3/25 of Arms Act. The trial Court has found both 'the appellants guilty under section 3/25 of the Arms Act and sentenced each to suffer R.I. for three years and to pay a fine of Rs. 500.00 with default stipulation. Appellant Sheesho @ Sheeshram has also been found guilty under Sec. 397 Penal Code and sentenced to suffer R.I. seven years and a fine of Rs. 500.00 with default stipulation. Both the appeals have been heard together and are being decided of by this common Judgment.

(2.) The prosecution version in nutshell is as follows.

(3.) On 20.11.1995, Baljeet Singh, Constable No. 1233, PS. Sikari was proceeding from Bharatpur to Sikari on his motor-cycle. At about 6.30 p.m. near village Khoh, three accused-persons armed with revolver made attempt to stop him and when Baljeet Singh did not stop his motor-cycle, then they fired at him. Baljeet Singh fell down from his motor-cycle and thereafter his motor-cycle No. DL-1C/E- 3374 was taken away by the accused persons. A written report Ex.P3 was submitted by Baljeet Singh whereupon a case under Sec. 392/34 1PC was registered at PS. Deeg, District Bharatpur. On completion of investigation charge-sheet was filed in the Court and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Bharatpur, Camp Deeg who has passed the impugned judgment. The trial Court has acquitted appellant Keshar @ Keshardev of the charge u/s. 397 IPC.