MOTILAL SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Additional District & Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur, vide its judgment and order dated 16-4-2002 in Sessions Case No. 18/2001 (18/99) convicted and sentenced accused appellants Moti Lal Swami son of Rameshwar Das Swami and Mahesh Kumar son of Prabhu Dayal as under: Under Section Imprisonment to each 397 of the Indian Penal Code To Ten years RI and fine of Rs. 5000/-; in default of payment of fine, to further undergo additional six months RI. 392 of the Indian Penal Code To Seven years RI and fine of Rs. 2000/-; in default of payment of fine, to further undergo to additional three months RI. 4/25 of the Indian Arms Act To One Year RI and fine of Rs. 500/-; in default of Payment of fine, to further undergo additional one month RI. All the sentences to run concurrently.

(2.) Being aggrieved with the same the accused appellants have preferred these two separate appeals. Both the appeals are directed against common order hence they are being disposed of by this common order.

(3.) PW-5 Satya Narain lodged a written report (Exhibit P-6) at police station Jhotwara, Jaipur City, wherein it was alleged by him that he is working as watchman in Hari Oil Mill, Factory Area, Jhotwara, and he used to do the work of bringing cash from Bank. On 17-10-1998 at about 10.00 AM a cheque of Rs. 75,000/- was given to him to bring the cash. He withdrew the amount from Bank and was coming on cycle along with cash amount of Rs. 75,000/- at about 11.00 AM. When he reached near Sangi Oxygen Factory then all of sudden one Maruti Car came in front of his cycle. There were four persons and out of them two persons came out of Maruti Car and by using knife snatched away his bag containing the amount of Rs. 75,000/- and thereafter ran away from the spot. The age of these four persons were 25 to 30 years and he can identify them.