- (1.) K. S. Rakhra, J. These are two connected appeals against the judgment and order dated 31. 1. 2001 passed by II Addl. Sessions Judge, Muzaffarnagar in S. T. No. 1613 of 1997 whereby both the appellants were held guilty and convicted under section 302/34 IPC to life imprisonment, under section 307 IPC to three years R. I. and under section 394 IPC to five years' rigorous imprisonment. In addition to this appellant Naseem has further been sentenced to two years' rigorous imprisonment under section 411 IPC. Three other persons namely Surendra Singh, Jagmal and Ravindra were also tried along with the appellants for hatching conspiracy for the crime in question but they have been acquitted by the Trial Court.
(2.) THE prosecution case is that the deceased Neetu and his brother Prem P. W. I who were residents of Nepal, were employed in a wine shop at Shamli of district Muzaffarnagar. On 11. 6. 1997 at about 10. 30 a. m. they were going to deposit a sum of Rs. 65627/- in the Wine Office. THEy were on a rickshaw and the bag containing cash was in the hand of Neetu. When the rickshaw reached near the place known as Bakara market, two boys wielding fire arms appeared and one of them (Naseem) started snatching bag containing cash from Neetu. When he was resisted, he exhorted his companion (appellant Pradeep) to open fire as Neetu was resisting to deliver the bag. On this Pradeep opened fire on Neetu who fell down from the rickshaw after receiving the fire arm injury and the two culprits i. e. Naseem and Pradeep ran away with the bag containing money. Prem P. W. I raised alarm and cried for help to chase the culprits. Sudesh P. W. 2 and Naresh also happened to be coming on another rickshaw behind the rickshaw of Prem. On the cry being raised by Prem they, as well as patrolling police party reached there in a jeep. THE police instantly despatched the victim Neetu on the police jeep to the hospital along with a constable and the remaining police force of the police jeep gave chase to the culprits on foot. Similarly Prem, Sudesh and Naresh etc. and some other public men chased the two culprits. Both the culprits i. e. appellants Naseem and Pradeep ran towards mohalla Ladda Wala and entered the house of Wajid. THE police surrounded the house. Seeing this the two culprits opened fire on the police but incidentally no one was hurt. Before the appellants could reload the weapons the police force in pursuit made entry into the house. On seeing the police both of them ran to the roof and from there they jumped down in attempt to escape. Since it was a jump from the roof of the house the culprits could not get up to run away. Both of them were apprehended on the spot by the police in presence of witnesses and they disclosed their names as Naseem and Pradeep, who are the appellants. From possession of Naseem the bag containing looted money and also containing daily report of sale of liquor and sale certificates were recovered. The police also recovered a twelve bore country made pistol with an empty shell found in the barrel of it and one live cartridge from his pocket. From the second appellant Pradeep also, the police recovered 12 bore country made pistol with empty cartridge shell in its barrel and two live cartridges, from his pocket. The police also found smell of gun powder having been fired from the barrel of gun recovered from Pradeep. The recovery memo Ex. ka-2 was prepared on the spot. The two appellants along with recovered articles were brought to the police station. The police station was only three furlongs away from the place 'where the money was looted. The place where the two appellants were apprehended was also at a distance of about 600 meters from the place of occurrence. It is alleged that the first informant Prem had also given a chase to the culprits and in his presence both Pradeep and Naseem were apprehended by the police but as his brother had been rushed to the hospital because of injuries, he did not stay at the place of arrest and recovery to witness other formalities but proceeded to the hospital to see his brother. At the hospital he found that his brother Neetu had alfeady expired. The informant Prem then got a written report prepared by Prithvi Singh Rana of his office and returned to police station to lodge the FIR which was registered as crime No. 353 of 1997 under section 394, 302 and 307 IPC. Since illicit fire arms were recovered two additional cases under section 25 Arms Act were also registered as crime No. 354 of 1997 and 355 of 1997. Since the two appellants had already been apprehended by the police in presence of Prem and they had disclosed their names and addresses and the informant and the witnesses were aware of the recovery made from them, the names of the appellants were disclosed in the FIR as accused.
(3.) CRIME No. 353 of 1997 was investigated by ASI Sunil Dutt of police station Kotwali, Muzaffarnagar who after recording the statements of the witnesses and collecting the post-mortem report etc. inspected the place of occurrence, collected bloodstained and plain earth and subsequently submitted the charge-sheet. The accused appellants denied the above allegations and claimed that they were picked up by police from their houses and falsely implicated in this case.;