KRISHAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment dated 31.3.2003 passed by the Additional District & Sessions Judge (Fast Track), Behrod, District Alwar, whereby the accusedappellant has been convicted for the offence under Sec. 397 Penal Code and Sec. 3/25 of the Arms Act and sentenced to undergo rigorous imprisonment for years and a fine of Rs. 1,000.00, in default of payment of fine to further undergo simple imprisonment for three months under Sec. 397 Penal Code and to undergo rigorous imprisonment for three years and a fine of Rs. 200.00, in default of payment of fine to further undergo simple imprisonment for one month. Both the sentences were ordered to run concurrently.

(2.) Briefly stated the facts of the case are that on 06.12.1996 a case for the offence under Sections 458 and 382 was registered at Police Station Madhan on the basis of the report lodged by one Birju Singh with regard to the incident allegedly taken place in the intervening night on 06.12.1996 at 12.30 a.m. and investigation commenced. After completion of the investigation, the police submitted charge-sheet for the offence under Sections 392, 397 Penal Code and Sec. 3/25 of the Arms Act. Thereafter charges for the offences under Sections ,IPC and Sec. 3/25 of the Arms Act were framed against the accused-appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses and exhibited 17 documents.

(3.) After hearing rival submissions of the respective parties, the Additional District & Sessions Judge (Fast Track), Behror, District Alwar vide its impugned judgment dated 31.3.2003 convicted and sentenced the accused-appellant as mentioned herein above.