SORAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 22.2.2003 passed by the learned Additional Sessions Judge, Sambhar Lake, District Jaipur in Sessions Case No. 10/2002 whereby all the accused appellant have been convicted and sentenced as under:

(2.) In nutshell the case of the prosecution is that on 22.10.2001 at 6.40 p.m. on receiving information on telephone to the effect that 7-8 persons armed with weapons were making preparation for committing dacoity, PW22 Setharam, SHO RS. Dudu, District Jaipur along with Satyapal Singh, SI, Raisal Singh, SI, Nandsingh, ASI, Chhotu Khan, ASI, Ramniwas, Kanhaiyalal, Nandaram, Ramesh Chand Sharma, Satyanarain and Rohitash Kumar, Constables reached near Tetarwalon-ki-Dhani at 7.10 p.m. and found 7-8 accused-persons beside the road. On seeing the police party they tried to escape. Police party and some villagers who had accompanied the police party from bus stand Padasauli followed the accused-persons and encircled them whereupon the accused appellants and other co-accused fired at the police party but nobody was hurt. Accused appellants Soran, Vinod, Mukeel Ahmed and Satyabhan Singh were arrested there and the remaining accused absconded. Accused appellant Bhomraj was arrested on 24.10.2001 vide Arrest Memo Ex.P 19. As per the prosecution case, one katta (country made pistol) was recovered from the possession of accused-appellant Soran, one live cartridge was recovered from the possession of appellant Bhomraj, one katta was recovered from the possession of appellant Vinod, two life cartridges were recovered from the possession of appellant Satyabhan Singh and one live cartridge was recovered from the possession of appellant Mukeel Ahmed. On his return at P.S. Dudu, Setharam, SHO registered FIR Ex.P34 under Sections 399, 402, 307 Penal Code and Sec. 3/25 of the Arms Act and thereafter investigated the case. In due course the accused appellants came to be tried by the learned Additional Sessions Judge, Sambhar Lake, District Jaipur who convicted and sentenced the accused appellants as indicated here-in-above.

(3.) I have heard the learned counsel for the accused- appellants, learned Public Prosecutor for the State and have also perused the impugned judgment as also the prosecution evidence.