- (1.) HEARD the learned counsels for the parties.
(2.) THIS appeal is directed against the judgment and order dtd.21.4.2009 passed by the learned Additional Sessions Judge, Bhadra in Sessions Case No.24/2003 whereby the learned trial Court has convicted the appellant as under: Section 341 I.P.C. - 15 days' S.I. Section 307 I.P.C. - 4 years' R.I. and a fine of Rs.2000/- in default of payment of fine to further undergo 6 months' R.I. Section 392 I.P.C. - 4 years' R.I. and a fine of Rs.500/- in default of payment of fine to further undergo 1? months' R.I. SBCr. APPEAL NO.92/2010 ? RAMNIWAS @ MANDIYAV/S STATE OF RAJASTHAN :JUDGMENT DTD.1.3.2011 2/6 Section 27 Arms Act ? 3 years' R.I. and a fine of Rs.200/- in default to further undergo 1 month's R.I. All the sentences have been directed to run concurrently. As per the case set up by the prosecution, on 9.5.2002, Parcha Bayan of P.W.5 Suresh Kumar was recorded, in which he stated that on 8.5.2002 in the evening at about 6.30, he along with Har Lal, Ramanand, Subeh Singh and Madal Lal (employees of the liquor contractor of Bhadra) reached ? kms. before Chidiya Gandhi. At that time, Jai Singh Beniwal, Satyawan, Dharmpal Bagdi, Vajir Singh, Ramniwas alias Mandia and 4-5 other persons stopped their Jeep No.HR-16C-1411 by bringing their Tata Sumo Car of blue colour in froint of their carand Satyawan demanded money. When Ramanand and Harlal refused to give money, at that time, all the aforesaid persons took out the pistols and at the call of Jai Singh Dharmpal Bagdi and Ramniwas alias Mandia opened fire from their pistols and pallets hit the fingers of left hand and right hand side of nose. It was further alleged that the complainant party ran away towards village Chidiya Gandhi to save their lives, but the accused persons pursued them making fires at some distance and took away their jeep. On the basis of this Parcha Bayan, an FIR was registered at the Police Station, Bhirani for offences under sections 307, 382, 341, 147, 148, and 149 I.P.C. and Section 27 of the Arms Act. SBCr. APPEAL NO.92/2010 ? RAMNIWAS @ MANDIYAV/S STATE OF RAJASTHAN :JUDGMENT DTD.1.3.2011 3/6 After investigation, the police filed challan against the Dharmpal, Jaiveer, Sundar Singh Chandra Singh under Section 307, 392, 341, 148 and 149 I.P.C. and against Ramniwas alias Mandia, challan was filed later on under Section 173(8) Cr.P.C. on 23.9.2003. During the course of trial, Dharmpal alias Bagdi died on 1.7.2004 and therefore, the proceedings against him were dropped.
(3.) THE learned trial Court framed charges for offences under sections 148, 307, 392 and 341 I.P.C. and Section 27 of the Arms Act against Ramniwas alias Mandia for offences under Sections 148, 307/149, 392 and 341 I.P.C. against accused , Jaiveer, Chandra Singh and Sunder Singh, who pleaded not guilty and claimed trial. At the trial, the prosecution examined 21 witnesses in support of his case. The accused in their statements under section 313 Cr.P.C. denied the allegation levelled against them, but did not examine any witness in their defence. At the conclusion of the trial, the learned trial Court vide judgment and order dtd.21.4.2009 while acquitting the co-accused persons Jaiveer Singh, Sundar Singh and Chandra Singh convicted and sentenced the appellant Ramniwas alias Mandia as above. SBCr. APPEAL NO.92/2010 ? RAMNIWAS @ MANDIYAV/S STAtE OF RAJASTHAN :JUDGMENT DTD.1.3.2011 4/6 ;