Sandeep Mehta, J. - (1.) The above mentioned three appeals have been preferred by the accused appellants challenging the judgment dated 27.3.2009 passed by the learned Additional Sessions Judge, Fast Track, Jalore, Camp Bhinmal in Sessions Case No. 74/2007, State v. Pradeep Kumar & Ors. , whereby the learned trial Judge convicted and sentenced the appellants as under: Pradeep Kumar & Deepak Soni : (Appellants in DB Criminal Appeal No. 309/2009) Section 395 I.P.C. Imprisonment for life and a fine of Rs. 20,000/- in default whereof, to further undergo 2 years' rigorous imprisonment. Section 3971.P.C. Imprisonment for life and a fine or Rs. 20,000/-, in default whereof, to further undergo 2 years' rigorous imprisonment. Section 3/25(1-B) (A) Arras Act Two years' rigorous imprisonment and a fine or Rs. 20,000/- in default whereof to further undergo six months' R.I. Section 27 Arms Act Three years' rigorous imprisonment and a fine of Rs. 20,000/-, in default whereof to further undergo six months' rigorous imprisonment. All the sentences were ordered to run concurrently. Shrawan Singh : (Appellant in SB Criminal Appeal No. 275/2009) Section 3/25(1-B)(A) Arras Act: Two years' rigorous imprisonment and a fine of Rs. 20,000/- in default whereof, to further undergo six months' rigorous imprisonment.
(2.) Today, the matter was listed for consideration of application for suspension of sentence filed on behalf of Pradeep Kumar and Deepak Soni in D.B. Criminal Appeal No. 309/2009 but since the counsel for the appellants argued that his highest challenge to the judgment in issue is as regards the nature of the offence and he does not wish to challenge the conviction of the appellants and that the appellants are in custody for the last more than four years, the prayer of the counsel for the appellants was that the appeals itself be disposed of, on the question of nature of offence committed by the appellants and the sentences awarded thereupon. In view of the submissions made above, the appeals have been heard finally with the consent of the counsel for the parties.
(3.) Briefly stated the facts of the case necessary for disposal of these appeals are that a written report was filed by the complainant Jabar Singh at the Police Station, Sanchore on 21.5.2007 alleging inter alias that in the night between 12-12.30 AM, three armed robbers came to his petrol pump. One hid behind the wall of the petrol pump and the remaining two persons pointed revolver on the complainant and threatened him not to shout. The accused persons also demanded money from the complainant. While the gun was so pointed at the complainant, the third accused took but the key from his pocket and he was taken into his office and the amount of Rs. 14,600/- lying in the cash box of the petrol pump was looted by the accused persons. Thereafter, the accused persons inquired as to who other were present with the first informant took them to the hotel of Jeevan Ram where Jeevan Ram where Jeevan Ram was taking food and Peer Mohd. was taking tea. Thereafter, the accused persons threatened the complainant as well as the other two persons at gunpoint and beat up Peer Mohd. and also fired the guns twice. On hearing the cries. Ran Singh, who was nearby, became alert and started going towards his vehicle for informing the police on which, two of the accused persons, caught hold of Ran Singh and asked for the key of the vehicle and on denial, Ran Singh was beaten due to which he received a bleeding injury on his ear. On hue and cry being raised, the accused persons ran away. After that, the police was informed. The Investigating Officer of the Police Station, Sanchore reached the place of occurrence where the written report was given to him and thereupon, a F.I.R. No. 134/2007 was lodged at the Police Station, Sanchore. The accused persons were arrested and the following recoveries were effected from them: Recoveries from accused Pradeep Kumar: Accused Pradeep Kumar was arrested vide arrest memo Ex.P-8 and on the personal search of the accused being taken, a sum of Rs. 1,500/- is said to be recovered from the accused and the place of arrest has been shown as Sarhad Sanchore. [It may be mentioned that apart from the cash recovered, nothing else is mentioned in the personal search of the accused.] Country made pistol (Desi Katta) and 24 live cartridges were recovered on 21.5.2007 vide recovery memo Ex.P-10. Two shoes belonging to the accused were recovered on 21.5.2007 vide recovery memo Ex.P-11. Recoveries from accused Deepak Son: Accused Deepak Soni was arrested vide Arrest Memo Ex.P-9. On the personal search of the accused, driving license, two pocket diaries, Nokia Mobile, wristwatch and purse having Rs. 2,500/- recovered. Two Chappals were recovered on 21.5.2007 vide recovery memo Ex.P-13. One 12-Bore Country made pistol was recovered vide recovery memo Ex.P-12 (which has been marked twice at the trial) on 24.5.2007 from a field in Makhupura, Sanchore. Recoveries from accused Shrazvan Singh: Accused Shrawan Singh is alleged to have given information Under Section 27 of the Evidence Act Ex.P-39 and in pursuance thereto, one 8mm country made was recovered on 25.5.2007 vide recovery memo Ex.P-30 from behind the petrol pump where the dacoity took place. Recoveries from Ajmeri @ Ajmer Ali: Accused Ajmeri @ Ajmer Ali is alleged to have give information vide Ex.P-36 and in pursuance thereto one country made pistol on 21.5.2007 was recovered vide recovery memo Ex.P-37 from under the earth behind the petrol pump where the dacoity took place.;