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2011 Supreme(Chh) 212

PRITINKER DIWAKER
ASIF AHMAD ALIAS PAPPU – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Shri Surendra Singh, Sr. Advocate with Shri Neeraj Mehta and Shri Arvind Singh, Advocates, for the Appellants.
Shri Pravin Das, Dy.G.A., for the State.

JUDGMENT

1. Since all the aforesaid mentioned appeals arise out of judgment and order dated 20.2.2009 passed by the Additional Sessions Judge (FTC) Surajpur, District Sarguja in Sessions Trial No. 229/200 I convicting the accused/appellants under Section 395/397 IPC and sentencing each of them to further undergo rigorous imprisonment for 10 years and pay fine of Rs. 200, in default of payment of fine to further undergo rigorous imprisonment for 10 days, they are disposed of by this common judgment.

2. Facts of the case in brief are that on 30.1.2001 at about 5.40 p.m. FIR Ex. P-10 was lodged by Raj Roop Jain (PW-11) to the effect that on that day at about 5.10 p.m. when he was returning to Ambikapur from Vishrampur on his scooter with Rs. 45,365 which was kept in the rear dickey and Rs. 70,000 kept in front dickey of the scooter and as soon as he reached near Kumda turning, two scooter-borne persons, one of them carrying pistol in his hand, overtook him and asked him to stop the scooter. It is alleged that sensing trouble, the complainant accelerated the scooter in order to save him but as he had lost control over the scooter, he fell down. It is further alleged' that when he raised






















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