BANTI @ LALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing this criminal appeal under Section 374 Cr.P.C., the accused appellant has challenged the judgment of conviction and sentence dated 23.6.2006 passed by learned Additional District and Sessions Judge (Fast Track) Chomu (for short the 'learned trial Court') in Sessions Case No. 6/2005, whereby the learned trial Court has convicted and sentenced the accused appellant as under :

(2.) Brief facts of the case are that on 16.9.2003, PW-2 Dashrath Singh, Head Constable in Police Station Samod, has lodged a written report Ex.P-3 before the Police Station Samod District Jaipur (Rural) stating inter alia that in the evening of that day at about 8.35 P.M., a message was received from the Control Room, Jaipur in the manner that two boys, who were wearing black shirt and jeans and out of them, one was fatty, were stopping the truck near Radawas and they were also armed with pistol. It was further stated in the report Ex.P-3 that PW-13 Virendra Sigh, SHO had asked PW-2 Dashrath Singh, HC, PW-5 Girdharilal, PW-3 Sriram Choudhary, and PW-4 Chhotu Khan, ASI to go on the spot and in compliance of that, they reached on the spot where they found that from the side of Samod, a motor cycle was coming on which two persons were sitting and that motor cycle was got stopped and the person who was driving the motor cycle started running away from the scene and at that time, PW-6 Ummed Singh also came there. It was further stated in the report Ex.P-3 that the person who was sitting on the back seat of the motor-cycle, had made fire towards PW-4 Chhotu Khan. It was further stated in the report Ex.P-3 that in the meanwhile, the person, who had run away from the scene, was chased and caught hold by PW-2 Dashrath Singh and PW-5 Girdharilal. It was further stated in the report Ex.P-3 that the person, who had made fire towards PW-4 Chhotu Khan, was caught-hold by PW-4 Chhotu Khan and PW-3 Sriram and the pistol was also snatched from his possession. It was further stated in the report Ex.P-3 that on being asked, one boy disclosed his name as Bahadur Singh and another boy disclosed his name as Banti @ Lala @ Lalchand. It was further stated in the report Ex.P-3 that on being asked, both accused persons told that they were not having a valid licence to keep pistol.

(3.) On the basis of this written report, the police registered an F.I.R. No. 200/2003, for the offence under Sections 333, 353, 307, 120-B I.P.C. and under Section 3/25 of the Arms Act.