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T. P. SHARMA, J.
Ashish Sinha and Ors.
Versus
State of Chhattisgarh.
Crl.A.No.506 of 2004
Decided on : 4-9-2008.
Robbery - Criminal Law - IPC 120-B, 397, 392, Arms Act 25(2), 27(2) - The court discussed the evidence and arguments related to the identification of the accused, recovery of articles, and possession of firearms. The judgment highlighted the legal provisions of the IPC and Arms Act, their interpretations, and their influence on the court's decision.
Fact of the Case:
The case involved a robbery where the accused snatched a large sum of money from the victims at gunpoint. The prosecution presented evidence of identification, recovery of articles, and possession of firearms.
Finding of the Court:
The court found that the prosecution's evidence of identification and recovery of articles was credible. However, it noted that the lack of sanction from the District Magistrate made the convictions under the Arms Act unsustainable.
Issues: The issues included the credibility of witness testimony, the legality of possession of firearms, and the requirement of sanction for prosecution under the Arms Act.
Ratio Decidendi: The court held that the evidence of identification and recovery of articles was reliable, but the lack of sanction for prosecution under the Arms Act rendered the convictions unsustainable.
Final Decision: The court partly allowed the appeals, setting aside the convictions under certain sections of the IPC and Arms Act, and instead convicted the appellants under different sections. The court also noted the need for refunding the fine deposited for the convictions that were set aside.
Cr.A.No.506/2004 filed by Ashish Sinha, Cr.A.No.562/2004 filed by Vijay K. Lakra and Cr.A.No.601/2004 filed by Vijay Kumar Bariha have been preferred against the common judgment dated 13-5-2004 passed in Sessions Trial No.375/2003, therefore, they are being disposed of by this common judgment.
2. These appeals are directed against the judgment of conviction and order of sentence dated 13-5-2004 passed by the Additional Sessions Judge, Korba in Sessions Trial No.375/2003, whereby and whereunder learned Additional Sessions Judge after holding the accused/appellants guilty for commission of offence under Sections 120-B, 397 read with Section 34 of the I.P.C., Sections 25 (2) and 27 (2) of the Arms Act, sentenced each of them to undergo rigorous imprisonment for seven years and pay a fine of Rs.3,000/-, in default of payment of fine to further undergo simple imprisonment for one year under Sections 120-B and 397 read with Section 34 of the IPC and to undergo rigorous imprisonment for six months and pay a fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for three months under Sections 25 (2) and 27 (2) of the Arms Act.
3. The impugned judgment is challenged on the ground that without any evidence regarding identification, memorandum and seizure and eye-witness, learned trial Court has convicted and sentenced the appellants in the aforesaid manner.
4. I have heard learned counsel for the parties and perused the impugned judgment as also the record of the trial Court.
5. Case of the prosecution, in brief, is that Vinod Kumar Dewangan (PW-1) was posted as Clerk/Assistant Grade-II in Woman and Child Development Project, Korba, on 25-6-2003 he went to State Bank, I.T.I. Rampur Branch, Korba for withdrawal of payment of the employees of his Office along with Shyamlal Mahant (PW-2), Peon of the said Office, they received payment of Rs.4,30,351/- in the denominations of Rs.100/-, Rs.50/-, Rs.10/- and one rupee coins. He kept the said money in jute bag and resin bag. They were coming back in the bicycle which was driven by Shyamlal Mahant (PW-2) and Vinod Kumar Dewangan (PW-1) was sitting on the bicycle holding the money. When they reached near P.W.D. School they were restrained by one tall man on the pistol point, he abused them and demanded the money and also threatened to kill them. He put pistol over the head of Shyamlal and snatched the money from Vinod Kumar. Two other accused persons were standing by the side of the road on a motorcycle which was in standing position. All the three accused ran away from the spot by the motorcycle. Vinod Kumar Dewangan and Shyamlal Mahant shouted and tried to follow them, even they chased the accused persons up to some extent, but the accused persons absconded from the spot.
6. Vinod lodged the F.I.R. at Police Outpost Rampur, Korba vide Ex.P-1 and on the basis of Ex.P-1 numbered F.I.R. was registered vide Ex.P-23. Statement of Vinod was recorded on the same day. During the course of investigation, appellant Vijay Bariha was taken into custody and he made disclosure statement on 1-7-2003 at about 9.15 p.m. vide Ex.P-14 in which he has disclosed that Rs.50,000/- was kept under a pit in the land situated in backside of Ashish Sinha's house and his clothes are in a box. After digging out the land, money of Rs.50,000/- and one country made pistol were recovered at the instance of Vijay Bariha vide Ex.P-15 and his clothes were seized vide Ex.P-16. Appellant Ashish Sinha made disclosure statement vide Ex.P-18 regarding Rs.1,50,000/-and his clothes that the same were kept under a pit in the land situated at backside of his house, same were seized at his instance vide Ex.P-7. Appellant Vijay Lakra also made disclosure statement vide Ex. P-3 regarding Rs. 2 lakhs, country made pistol along with cartridge and clothes which were kept under a pit in the land situated at backside of the house of Ashish Sinha, same were recovered at his instance vide Ex. P-4. Other coaccus
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