VASEEM @ RAJU AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals, on behalf of accused-appellants Vaseem @ Raju S/o Qadir and Aslam @ Diwan S/o Shamshu Khan, are directed against common judgment and order dated 8.10.2004, passed by the Special Judge (Take Currency Cases) Jaipur City, Jaipur, in Sessions Case No.70/2002, whereby appellants have been convicted under Sec. 394, I.P.C., and sentenced to 10 years rigorous imprisonment, therefore, both the appeals are taken-up for hearing together and being decided by this common order. Exhibit P-l, a written-report, was lodged by PW-1 Jagdish Soni, at Police Station Manak Chowk, Badi Chopad, Jaipur, wherein it was mentioned that on 24.4.2002 at about 8.30 to 8.45 P.M. his brother-in-law (gainer) - Shri Nand Kishore S/o Shri Rameshwar Das, was looted by some miscreants in between Partanion-Ka- Rasta and Gali Mahadev, who inflicted grievous blow on his head by iron rod and snatched his bag and ran away. Shri Nand Kishore was got admitted in the Bangar Hospital. The details of articles, lying in the bag, will be given by Nand Kishore only, therefore, a case be registered.

(2.) On the basis of the above report, the police registered a chalked F.I.R. (Exhibit P-2) under Sec. 392, I.P.C. During investigation of the case, accused Vaseem @ Raju S/o Qadir was arrested by the police on 2.5.2002 at Kadkad-duma Court Premise, Delhi, at about 3.00 P.M., vide arrest-memo (Exhibit P-27) and accused Aslam @ Diwan S/o Shamshu Khan was arrested vide Exhibit P-25 on 11.5.2002 in the House of Sheokat Bhai, near Bilala Masjid, Delhi. Accused Vaseem gave an information vide Exhibit P-21 under Sec. 27 of the Evidence Act about the place of incident; he gave another information vide Exhibit P-22 in respect of shop from where he took one cycle on rent for the said incident, and the bag, which was looted on the date of the incident, and told these articles lying at House No.C-48, Shahid Nagar, Gali No.3, Police Station Sahibabad (UP); he gave the third information under Sec. 27 of the Evidence Act vide Exhibit P-23 about Rs.10,000.00, which were given to Bharat Properties, Loani Road, to purchase a plot. In pursuance of the aforesaid information, a sum of Rs.10,000.00 was recovered vide recovery-memo Exhibit P-24 in presence of witnesses Sajid and Manzoor Hasan. The other recoveries were also made in pursuance of the information given by the accused. The iron rod which was used for inflicting injury on the person of injured Nand Kishore was seized vide seizure-memo Exhibit P-12 on 15.5.2002. The hand-bag and other gold items were recovered as per the information of the accused-persons vide Exhibit P-18. The other information's were also given by accused-persons under Sec. 27 of the Evidence Act and recovery was effected at their instance and information given in writing by them voluntarily.

(3.) The accused-persons were identified during investigation by injured Nand Kishore (PW-11) in presence of PW-1 Mukesh, A.C.J.M., vide identification-parade Exhibit P-15. The injured identified both the accused persons. The articles, which were recovered, were also got identified during investigation in presence of Magistrate and they were rightly identified by injured Nand Kishore (PW-11) in presence of Magistrate PW-20 Arti Bhardwaj.