Decided on January 01,2013

Naushad And Another Respondents


- (1.) PW1 Ram Naresh Tyagi wrote a complaint to Inspector Incharge Kotwali, Dehradun on 30.5.2002 enumerating the facts contained therein that on 29.5.2002 at 9 AM, his driver Subodh Kumar went along with Naushad and Feroj. Naushad and Feroj hired the car and services of Subodh Kumar saying that the car was to be taken to Rishikesh. Ram Naresh Tyagi sent Subodh Kumar along with Indica Car No. UA07/B-2545. Driver Subodh Kumar was asked to come back by 6 PM of the selfsame day, but he did not return. It appeared to Ram Naresh Tyagi that Naushad and Feroj have looted the car in question. A search for the driver of the car was made, but to no avail.
(2.) On the basis of the said FIR, which was registered in Police Station concerned as Case Crime No. 349 of 2002 under Section 406 of the Indian Penal Code (hereinafter referred to as IPC) on 30.5.2002 at 9:15 PM, investigation of the case began. During the course of investigation, it transpired that the accused persons killed the driver of Indica car, looted the car and fled away to Delhi, where they were arrested, when they were going to sell off the looted car.
(3.) After the investigation was over, the Investigating Officer, on being satisfied that the accused persons committed the offences punishable under Sections 394, 364, 328, 302 and 201 of IPC, submitted the charge sheet in the court of Magistrate having jurisdiction. The case was committed to the court of sessions. When the prosecution opened its case, charges for offences punishable under Section 394 read with Section 34 of IPC, Sections 364, 328, 302 read with Section 201 of IPC and Section 411 of IPC were framed against accused Naushad and Feroj, to which they pleaded not guilty and claimed trial. As many as 13 witnesses, namely, PW1 Ram Naresh Tyagi, PW2 Hemant Sharma, PW3 Shashi Sharma, PW4 Jay Kumar @ Chand, PW5 Dr. Lalit Kishor, PW6 Smt. Usha, PW7 Kuldeep Singh, PW8 S.I. Rakesh Rawat, PW9 S.I. Rajesh Kumar, PW10 Constable Devi Dayal, PW11 Narayan Datt Tiwari, PW12 S.I. N.D. Thakur and PW13 S.I. Rajendra Singh Tomar were examined on behalf of the prosecution. The incriminating evidence was put to the accused persons, who said that they have been falsely implicated in the case. No evidence was given in defence. After considering the evidence on record and after hearing both the sides, learned court below convicted accused Naushad and Feroj for offences punishable under Section 394 read with Section 34 of IPC, Sections 304, 201 and 411 of IPC and were sentenced appropriately. Aggrieved against the said order of conviction and sentence, Criminal Appeal No. 80 of 2004 and Criminal Appeal No. 204 of 2005 were preferred on behalf of the accusedappellants. Government Appeal No. 373 of 2007 was also preferred against the inadequacy of sentence awarded to the accused persons.;

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