RAKESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal is directed against the judgment dated 25-10-1994 of the learned AddI. Sessions Judge. Sojat whereby he convicted the appellant alongwith five others under Section 395 read with Section 397. IPC and sentenced him to 10 years R.I. and a fine of Rs. 1,000/-. He also convicted him under Section 3/25. Indian Arms Act and sentenced to three years R.I. and a fine of Rs. 250/-

(2.) It is not necessary to state the facts of the case as Mr. Garg frankly concedes that the prosecution has successfully brought home the guilt of the accused. He does not challenge the conviction of the accused. Pointing out that appeal preferred by other five accused Rakesh Kumar Dhanna, Ajeet Kumar Anil, Viresh Kumar Shishu, Vinodshukla Shravan and Karim bux was decided by this Court vide judgment dated 22-12-1996 and their sentence was reduced to 7 years imprisonment under Sections 395/397. IPC. Mr. Garg Prays that the case against the appellant being at par the sentence of imprisonment be reduced to 7 years.

(3.) I have gone through the record of the case and the judgment of the Trial Court dated 25-10- 1994. The prosecution has proved the charges against the accused by leading evidence of identification as also of recovery. There is no cause to take a view different than the one taken by the trial Court convicting the appellant under Sections 395/397. IPC and Sections 3/25 of the Indian Arms Act.