Shiv Kumar Sharma, J. - (1.) TERM of life is fixed for every people; and when appointed time comes, there will neither be a moment's delay nor haste. On September 18, 2001 prior to 7.30 PM Chandra Mal did not know as to what the destiny restored for him. Around 7.30 PM while Chandra Mal was sitting at his jewellery shop, two miscreants entered the shop, opened fire at Chandra Mal, picked up ten gold chains and fled away in Maruti car. The miscreants were subsequently identified as Gurmeet Singh, Baldeo Krishna Kalra and Bageecha Singh (appellants herein). They were nabbed and put to trial before learned Additional Sessions Judge (Fast Track), No. 1, Jaipur City, Jaipur, who vide judgment dated August 8, 2005 convicted and sentenced them as under: Gurmeet Singh: Under Section 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for six month. Under Section 307 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 394 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 397 IPC: To suffer rigorous imprisonment for seven years. Under Section 5/25 Arms Act: To suffer rigorous imprisonment for five years and fine of Rs. 500/ -, in default to further suffer rigorous imprisonment for three months. Baldeo Krishna & Bageecha Singh: Under Section 302/34 IPC: Both to suffer imprisonment for life and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for six month. Under Section 307/34 IPC: Both to suffer rigorous imprisonment for ten years and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 394 IPC: Both to suffer rigorous imprisonment for ten years and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 397 IPC: Both to suffer rigorous imprisonment for seven years. The substantive sentences were ordered to run concurrently.
(2.) IT is the prosecution case that on September 18, 2001 at 10.50 PM Badri Narayan (Pw. 10) ASI of Police Station Shipra Path Jaipur recorded parcha bayan (Ex. P -10) of injured Harish Kumar (Pw. 4) wherein he stated that around 8 PM while he along with his brother Chandra Mal and servant Raju were sitting at their shop ''Varsha Jewellers '', a white Maruti Car 800 came from the side of Man Sarovar and two persons entered the shop, out of which one person was having a attache case. One of them asked to show golden chain and instructed other person to take out money from the attache case. The other person opened attache and took out a rifle and opened fire at Chandra Mal that hit on the head, left thigh and abdomen of Chandra Mal. Harish and Raju also received injuries. The miscreants picked up ten gold chains and fled away in Maruti car. On that Parcha Bayan case under Sections 394 and 397 IPC was registered and investigation commenced. It was revealed during investigation that miscreants involved in the incident were nabbed by the police of other State in a murder case and they were in judicial custody. The IO got the production warrants and arrested them. They were kept Baparda (with covered face). Identification Parade was held. On the basis of their disclosure statements golden chains got recovered, necessary memos were drawn, statements of witnesses were recorded and 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) No. 1 Jaipur City Jaipur. Charges under Sections 302, 302/34, 307, 307/34, 394 and 397 IPC 5/25 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 33 witnesses. In the explanation under Section 313 CrPC, the appellants claimed innocence. Two witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above. We have heard the submissions advanced before us by learned Counsel for the appellants and learned Public Prosecutor and with their assistance scanned the material on record.
(3.) AS per post mortem report (Ex. P -76) following ante mortem injuries were found on the dead body: 1. Stitched lacerated wound 4cm long present of (L) parito thyroid region with continued margins and ill defined swelling on dissection extra vassection of blood found covering the scalp tissue. 2. Inter costal drainage tube's inconsonation mark of 1.5cm x ¾ cm on (R) 6th initial costal level in the mid axillary line 3. Two wounds of size 1 x 1/2 cm each at the level of (L) libid tubococity at its either aspect 4. punctured lacerated wound of size 3cm x 1 1/2cm x ?deep on (R) mid inguinal region with blackening and collor of abrasion at its margins with clotted blood. The wound situated 94cm above the (R)heal.;