RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under S. 374(2) of the Code of Criminal Procedure, on behalf of two accused-persons Rajesh Kumar and Rajendra alias Ajay, is directed against the judgment and order dated 16th of May, 2002 passed by the additional Sessions Judge (Fast Track) No. 1, Bundi, in Sessions Case No. 74/2001, whereby each of the accused-appellants has been convicted under S. 395, I.P.C., to seven years rigorous imprisonment and a fine of Rs. 500/-; in default of payment of fine, to further undergo one month's additional, simple imprisonment and, under S. 397, I.P.C., to seven years rigorous imprisonment and a fine of Rs. 500/-; in default of payment of fine, to further undergo one month's simple imprisonment.

(2.) P.W. 10 Shiv Singh recorded a 'parcha bayan' Exhibit P-l of Sukhpal Singh (P.W. 1) at Bed No. 9. of Surgical Ward, Government Hospital, Bundi, wherein it was stated that on 9th of February, 2000, he was on duty along with Bhanwar Lal, Constable, at Ramganj Balaji Petrol Pump and at about 3.30 at night two persons armed with weapons entered in the petrol pump and committed a dacoity They snatched 30-35 thousand rupees from Surendra, the salesman of the petrol pump. It was also stated that other accused-persons were standing outside the Petrol Pump.

(3.) On the basis of this 'parcha bayan, an FIR No. 27/2000 (Exhibit P-25) was registered at Police Station Sadar, District Bundi under Ss. 395 and 397, I.P.C. and investigation commenced.