SHAKTI SINGH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Since the controversy involved in both the appeals, arise out of the same FIR number and same judgment, hence, the same are being decided by this common Judgment. By filing these two separate appeals under Sec. 374 Cr.P.C., the appellants have challenged the Judgment of conviction and sentence dated 18.3.2006 passed by learned Additional Sessions Judge (Fast Track) No. 2, Bundi (for learned 'Trial Court') in Sessions Case No. 11/2005, whereby it convicted all these accused appellants as under:

(2.) Brief facts of the case are that Shri Rishi Raj, SHO Police Station Indergarh had gone to Village Babai on 28.11 2004, for the investigation of Crime No. 103/2003, and 127/2004, under Sec. 379 IPC. An informant informed him that three criminal type of persons are sitting near Belanganj Mod, in a Blue Colour Maruti Car. They are possessing arms also. After receiving this information, he went to Belanganj Mod found a Blue Colour Maruti car No. RJ - 17C -1125 standing there. The Police Jeep was stopped near it. The persons sitting on the back seat, fired and started the Maruti Car and went towards Khejdi in District Tonk. Police party chased them. Near Village Mui, two accused sitting on the back seat fired them after aiming. The accused persons were continuously firing on police party. The police persons lay down on the land and arrested the accused persons along -with their Pistol and Cartridges. On interrogation, first accused told his name to be Devendra Singh @ Bhanu Pratap Singh, second Bhupendra Singh and third Shakti Singh. They were not having any licence for the illegal weapons. After making the recovery of illegal weapons and arresting the accused, seizing the car, the police party came to the Police Station.

(3.) The Police on the basis of this report, registered an FIR No 217/2004, for the offences u/Ss. 307, 353/4 IPC and 3/25 of the Arms Act.