- (1.) ON 4.5.2015, considering the request dated 2nd April, 2013 and 7th April, 2013, received from the accused, we had appointed Mr. Sudhir Jain to act as Amicus Curiae.
(2.) THE appellant, Jandail had directed the present appeal to challenge the impugned judgment dated 18.8.2004 rendered by the court of Additional Sessions Judge (Fast Track) No.3, Dholpur, whereby the appellant has been convicted for the offence under Section 302/34 and 394 IPC. For the offence under Section 302/34 the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo two month R.I. For the offence under Section 394 IPC, the appellant was sentenced to undergo ten year R.I. and to pay a fine of Rs. 5,00/ -, in default thereof to undergo one month R.I. Both the sentences were ordered to run concurrently.
(3.) IN the present case, the criminal proceedings were set into motion on the basis of written report (Exhibit -P/17) presented by Subhash Chand (P.W.13) before S.I., Mangal Singh (P.W.9), who was then posted as In -charge of Police Station Bari, District Dholpur. Subhash Chand (P.W.13) in the written report (Exhibit -P/17) stated that on 6.5.1997, he along with his father after closing the shop at 8:00 PM, were going towards their house. His father was carrying cash of the shop in one bag. The said bag was of white colour having chain. He and his father when reached near the house of Dhimari Wale, two hooligans appeared and opened attack on his father. One hooligan caused injuries with knife and another snatched the bag, which contained cash of Rs. 94,000/ - and papers of the accounts. His father due to knife blows fell on the ground. On the noise raised, accused also made an attempt to cause injuries to the complainant. Meanwhile, Rakesh (P.W.4) and Girraj (P.W.3) arrived at the spot. The accused seeing them ran away from the spot carrying the bag which had cash.;