SHIV CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common order, we propose to dispose of two connected Criminal Appeals bearing No. 315/2001 filed by Shiv Charan, Rati Ram, Asha Ram, Dharam Singh and Mahaveer Singh as also Criminal Appeal No. 629/2001 filed by Rati Ram through Jail, as the same emanate from a common impugned order of conviction and sentence dated 7-5-2001 recorded by the learned Additional Sessions Judge, No. 2 Sikar. All the five ap'pellants who faced trial under various sections have since been held guilty for an offence under Section 395/149, IPC and sentenced to undergo rigorous imprisonment for ten years as also to pay fine of Rs. 500/- each and in default of payment of fine to further undergo simple imprisonment for a period of one month. Under Section 396/149, IPC to undergo life imprisonment as also to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo simple imprisonment for one month. They have also been held guilty for an offence under Section 148, IPC to undergo rigorous imprisonment for one month as also to pay fine of Rs. 100/- each and in default of payment of fine, to further undergo simple imprisonment for one month. They have also been held guilty for an offence under Section 458, IPC to undergo rigorous imprisonment for five years as also to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) Mahaveer Singh has separately been held guilty for an offence under Section 3/25 of the Arms Act to undergo rigorous imprisonment for one year as also to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo simple imprisonment for one month.

(3.) The appellants as per prosecution version are said to have caused death of one and injuries to others while committing dacoity on the intervening night of 12/13th May, 1999 at 2.30 a.m. First Information Report with regard to incident came to be lodged by Rajendra Prasad, injured P.W. 1 at 3.15 a.m. on 13th May, 1999. His state- ment was recorded by Mr. Girdhari Lal, ASI P.W. 31. It is on the statement made by Rajendra Prasad P.W. 1 that formal FIR Ex. P. 52 came to be registered at 4.00 a.m. on 13th May, 1999. Special report with regard to incident reached the concerned Magistrate at 11.45 a.m. The statement made by Rajendra Prasad P.W. 1 before Girdhari Lal ASI P.W. 31 when translated into English would read as follows :-