Khem Chand Sharma, J. - (1.) This Criminal Appeal under Section 374 Cr.RC. arises out of the judgment and order dated 1.11.2001 passed by the learned Additional Sessions Judge, Ramganj Mandi, Kota, thereby convicting accused appellant for offence under Sections 395, 397 and 398 IPC and sentencing him in the following terms: Under Section 395 IPC: Ten years R.l. With a fine of Rs. 500/-, in default thereof, to further undergo 3 months simple imprisonment. Under Section 397 IPC: Seven years R.l. Under Section 398 IPC: Seven years R.l.
(2.) Briefly stated the facts of the case are that on 8 3.98 at 11.30 AM, Hardayal Singh, Assistant Sub Inspector of Police Station Kotwali, Jhalawar recorded Parcha Bayan of injured Sandeep Kumar at SRG Hospital, Jhalawar, wherein the injured stated that he had gone to Suket for collecting sale price of goods sold on credit to the shop-keepers. At about 6.45 PM he collected Rs. 29,000/- from the shop of one Lalit Kumar Ramesh Chand and then he went to the shop of Sohal Lal in a Jeep. When he alighted from the jeep, one thin and dark coloured person of 5'6" height who was wearing a shawl, took out a revolver and pointed it towards him. Thereafter another person from behind struck on his head with some object, as a result of which he fell down. The person carrying revolver snatched away the bag containing about Rs. One lac from his hands. Thereafter, the complainant became unconscious. The shopkeepers then removed him to the hospital. It was further stated in the Parcha Bayan that when complainant was busy in collection from the shop of Lalit Kumar Ramesh Chand, at that point of time the person carrying revolver had come to that shop to purchase Bidi and he had seen him there.
(3.) On the above Parcha Bayan, Police registered a criminal case vide FIR No. 39/98 for offence under sections 395 and 397 IPC and proceeded with the investigation. In the course of investigation, the police inspected the site and prepared site plan. The appellant was arrested on 15 6.98 and after his arrest, identification parade was held. On the information of appellant, the police recovered a bag which contained currency notes. Having completed entire formalities as to the investigation, the police submitted a charge sheet against the appellant and co-accused Mun Singh and Jam Singh.;