- (1.) SINCE the above three appeals have arisen out of the common judgment and order dated 23. 04. 2003 passed by the learned Additional Sessions Judge/iiird FT. C. , Udham Singh Nagar, Rudrapur in S. T. Nos. 258 of 2002,259 of 2002 and 260 of 2002, therefore, the appeals are being disposed of together by this com mon judgment. These appeals have been preferred by the accused/appellants against the judgment and order dated 23. 04. 2003 whereby the appellants have been convicted and sentenced to un dergo R. I. for eight years u/s 394 I. P. C. and a fine of Rs. 5,000/- each and in default of payment of fine the appellants shall further undergo six months R. I. The accused/appellants have also been convicted and sentenced to undergo R. I. for three years u/s 307 I. P. C. and fine of Rs. 1,000/- each and in default of pay ment of fine the appellants shall further undergo two months S. I. The accused/ appellants were also convicted u/s 25/27 Arms Act and sentenced to undergo R. I. for a period of one year each. It was further directed that the sentences should run concurrently.
(2.) BRIEF facts of the prosecution case are that Narendra Singh was an employ of Cooperative Society at Nanakmata on 12/06/2002. He was working in the said society as Clerk/ Cashier. On 12/06/2002, he was going to Nainital Cooperative Bank, Vidora to deposit Rs. 2,14,950/- alongwith his col league Kharak Singh. He was carrying the above money in the briefcase. As soon as they reached near the grove of Dharam Singh, near Vidora village, sud denly two persons appeared and threw mirchi powder on their eyes and snatched away the briefcase from the hand of Narendra Singh. Thereafter, the miscreants fled away from the spot. Kharak Singh and Narendra Singh cried for the help. Thereupon, Kulwant Singh, Balwant Singh, Kuldev Singh, Meher -Singh, Kishan Singh, Ramu and othersv who were the employees of Samiti came there and chased the accused/appellants. Mahesh Joshi immediately informed the police station Nanakmata about the in cident on phone. All of them chased the accused/appellants. Meanwhile, the po lice party also reached at the spot and they also chased the accused/appellants. The accused/appellants fired upon these persons with intention to kill them. In the meantime, Jairnail Singh tried to catch the accused/appellants. The ac cused/appellants fired upon Jairnail Singh due to which he sustained the fire arm injuries on his person. The accused/ appellants also fired upon Darshan Singh who also sustained injuries on his person. Finally, the accused/appellants were apprehended and on interrogation, they disclosed their names as Paramjit Singh and Charan Singh. Both the ac cused/appellants were found having the country made pistol with them. The re covery of country made pistol; holes of cartridges; and stolen briefcase contain ing the aforesaid amount was made from the possession of the accused/ap pellants. Thereafter, the accused/appel lants were taken to the police station alongwith the recovered articles. A report to that effect was lodged in the police station at 11:50 a. m. Separate memos were prepared for the recovered articles, i. e. briefcase; stolen money; country made pistol; and holes of car tridges. Thereafter, the injured were sent for medical examination. After complet ing the investigation, the police submit ted the chargehseets against the accused/ appellants before the court concerned. After submission of chargesheets the aceused-appellants were committed to the court of Sessions for trial and the trial court framed charges u/s 394/307 I. P. C. and 25/27 Arms Act against the appellants. The accused-appellants de nied the charges levelled against them and claimed their trial. The prosecution in support of its case examined as many as eight wit nesses. Narendra Singh PW1 is the in formant of the case. The accused/appel lants snatched away the briefcase from Narendra Singh PW1 wherein a sum of Rs. 2,14,950/- was kept. Jairnail Singh PW2 is the injured witness who has sus tained injuries in the incident. S. O. Omi Ram Arya PW3 reached at the spot and saw the accused/appellants running and they were apprehended by him and the public, S. I. S. R Singh PW6 and S. I. R. S. Sharma PW4 are the Investigating Officers of this case. The matter was firstly investigated by S. O. Omi Ram Arya PW3 on receiving the information on phone, thereafter, the matter was en trusted to S. I. S. R Singh PW6 and fi nally after the transfer of S. I. S. R Singh PW6; the investigation was taken up by S. I. R. S. Sharma PW4. He submitted the chargesheets against the accused/ap pellants. Dr. PC. Pandey PW5 is the Medical Officer who has examined in jured Jairnail Singh. He also examined the accused/appellants. Dr. H. B. Rajput PW7 is the Medical Officer who has ex amined injured Darshan Singh. Darshan Singh PW8 is an injured eyewitness.
(3.) THE accused-appellants were ex -. amined u/s 313 Cr. P. C. and they have pleaded not guilty to the charges. THE accused/appellants have stated that they have been falsely implicated in this case due to enmity. - The learned Additional Sessions Judge on appreciation of the evidence held the accused-appellants guilty and convicted and sentenced them as men tioned above.;