- (1.) Since these two Criminal Appeals under Section 374 Cr.P.C., one by appellant Mannu and another by appellant Raman arise out of the judgment and order dated 20.9.2001 passed by the learned Additional Sessions Judge, Ramgang Mandi, district Kota in Sessions Case No. 117/99, they are being decided by this common judgment.
(2.) Both the appellants were tried by the trial court for offence under Sections 395, 396 and 397 IPC and at the conclusion of trial, the learned trial Judge found both of them guilty of having committed offence punishable under Sections 395, 396 and 397 IPC and accordingly convicted and sentenced them in the following manner : Under Section 395 IPC : Rigorous imprisonment for ten years with a fine of Rs. 500/-, in default of payment of fine, each to further undergo simple imprisonment for three months. Under Section 396 IPC : Rigorous imprisonment for ten years with a fine of Rs. 5001-, in default of payment of fine, each to further undergo simple imprisonment for three months. Under Section 397 IPC : Rigorous imprisonment for seven years. Briefly stated the facts giving rise to the present appeal are that Parcha Bayan (Ext. P4) of one Dev Karan was recorded by the police on 14.11.95, wherein the injured has, inter-alia alleged that he was Accountant (Muneem) at the Petrol Pump of one Govind Lal Jadav Chand. At about 10 PM on 14.11.95 he along with Constable Permanand and Vijaipal Singh sitting in the cabin of Petrol Pump and some employees of the said Petrol Pump were also present there. He alleged that constable Permanand left the cabin and went to urinate, while one Dilip went to record meter reading. In the meantime, 5-7 persons entered into the cabin. All are armed with iron rods, stones and Dharias. Soon they entered the cabin, a blow was struck on the head. Kishan Lal and Constable Vijaipal were also struck on their heads with the weapons. According to the informant, one of the miscreants pulled open to drawer of the counter and took away the cash lying therein. Constable Vijaypal Singh rushed out and raised an alarm and hearing alarm, some persons came there for help. The miscreants jumped over the wall and ran away and while leaving the place, the miscreants opened fire with Deshi Katta. When he came out of the cabin, he found Parmanand lying on the ground in injured condition. According to the informant, all the miscreants were youth and he can identify them, if confronted.
(3.) On the above Parcha Bayan, a regular case vide FIR, Ext. P22 was registered for offence under Sections 395 and 397 IPC at Police Station Modak. During investigation, injured Parmanand succumbed to his injuries and as a result of which Section 396 1PC also came to be added. After completion of investigation, a charge sheet came to be filed against the appellants in the court of Judicial Magistrate, Ramganimandi, who in turn committed the case to the court of Sessions.;