PANKAJ KUMAR @ FATA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeals have been preferred under Sec. 374(2) Cr.P.C. assailing the common judgment of conviction and order of sentence dtd. 28/7/2020 passed by learned Additional Sessions Judge, Salumbar, District Udaipur in Sessions Case No.09/2019, whereby the appellants in both the appeals were held guilty for offences under Ss. 341, 323/34, 394/34, 397/34 IPC and Sec. 4/25 of the Arms Act, 1959 and were sentenced accordingly. Since both the appeals arise out of the same judgment, emanate from the same Sessions Case, and involve common questions of fact and law, they are being decided together by this common judgment.

(2.) The sentences awarded by the learned trial Court are reproduced hereunder for ready reference:

(3.) The prosecution case, in brief, is that on 19/9/2018 the complainant submitted a written report before SHO, Police Station Sarada alleging that at about 5:00 p.m., while proceeding on his scooty towards Palodara after taking delivery from Sagtada Showroom, and upon reaching ahead of Village Kejad near Vishnu Kudi, one black Apache motorcycle carrying three persons approached from behind. It was alleged that the said persons intercepted his scooty, assaulted him by kicks and fists, and one amongst them brandished a sword. Thereafter, cash amounting to Rs.50,000.00 was allegedly removed from his pocket. It was further alleged that his Vivo mobile phone and other articles were also taken away. On the basis of the said report, FIR No.185/2018 came to be registered and investigation commenced. After completion of investigation, charge-sheet was filed against the appellants.