SHIV KUMAR SHARMA, J. - (1.) CHALLENGE in this appeal is to the judgment dated August 28, 2002 of the learned Additional Sessions Judge (Fast Track) Jhunjhunu, whereby the appellants, five in number, were convicted and sentenced as under: Appellants Kala @ Kharabanga @ Rajveer, Krishna Kumar, Hava Singh and Jagdish Under Section 460 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/ -in default to further suffer two months rigorous imprisonment. Under Section 395 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/ - in default to further suffer two months rigorous imprisonment. Under Section 397 IPC: Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/ -, in default to further suffer one month rigorous imprisonment. Under Section 398 IPC: Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/ -, in default to further suffer one month rigorous imprisonment. Appellant Kala @ Kharabanga @ Rajveer: Under Section 3/25 Arms Act: To suffer rigorous imprisonment for three years and fine of Rs. 500/ -, in default to further suffer fifteen days simple imprisonment. Appellant Smt. Krishna: Under Section 412 IPC: To suffer rigorous imprisonment for three years and fine of Rs. 500/ -, in default to further suffer fifteen days simple imprisonment. Sentences were directed to run concurrently.
(2.) ON December 21, 2000 at 3.30 AM Deva Ram SI (PW. 20) reached to the General Hospital Chirawa and recorded parcha bayan (Ex. P1) of injured Satya Narayan (PW. 1) wherein he stated that on the said night around 1 AM his sleep was disturbed. He noticed some one walking on his roof. He got up and came out. No sooner did he reach the staircase, one tallperson inflicted lathi blow on his head, on hearing his shouts his son Sunil came over there. The miscreants gave beating to his son also. Telephone line of his house was disconnected. There were as many as five -six miscreants who inflicted blows on the person of his wife also and took valuables with them. He could identify those miscreants. Satya Narayan handed ove; a list of valuables (Ex. P -2) to the police which contained golden ornaments, silver coins, silver utensils, wrist watches, two -in -one, Driving licence etc. On the basis of parcha bayan case under Sections 395, 397 and 398 IPC and 3/25 Arms Act was registered and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jhunjhunu. Charges under Sections 460, 395, 397 398 IPC and 3/25 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. It is contended by learned Counsel for the appellants that no case against the appellants was established and they have been implicated only on the basis of suspicion. After the arrest of the appellants they were shown to the witnesses and identification parade was farce. We have been taken through the testimony of witnesses.
(3.) BEFORE considering the statements of prosecution witnesses, we deem it necessary to have a look at the injuries sustained by the witnesses at the time of incident. Injury report of Sunil (PW. 4) reads as under: 1. Contusion painful tenderness Rt. forearm 2. Contusion Lt. forearm 3. Lacerated wound Lt. toe. 4. Lt. cheek 5. Lacerated wound upper lip 1 -1/2 x 1/2 x 1/2 6. Lacerated wound Lt. cheek 1/2 x 1/3 x 1/2 On X -ray R. forearm chip was found fractured. ;