Back
2013 Supreme(Raj) 393
HIGH COURT OF RAJASTHAN
Jaipur Bench
Virendra @Mahaveer & Ors. Vs. State of Rajasthan (Rafiq, J.)
HON'BLE MOHAMMAD RAFIQ, J.
HON'BLE J.K. RANKA, J.
Virendra @Mahaveer & Ors.
Versus
State of Rajasthan
D.B. Criminal Appeal Nos.709, 634 & 800 of 2008 and 448 of 2011,
decided on 30.08.2013
Subject
Criminal Law - IDENTIFICATION PARADE
Act Referred
INDIAN PENAL CODE : S.395, S.332, S.353, S.365, S.149, S.147, S.148
Headnote
Appeal allowed. (Paras 20 to 26)
n.M lafgrk] /kkjk 395] 332] 353] 365] 149] 147] 148( vk;q) vf/kfu;e] 1959] /kkjk 3@25] 4@25 & 'kuk[r ijsM & vfHk;qDrksa dks 'kuk[r ijsM ds iwoZ fn[kk;k x;k & vf/kdka'kr% vfHk;qDr fiNys lkr o"kksZ ls lyk[kksa ds ihNs gS & vfHkfu/kkZfjr & 'kuk[r ijsM nwf"kr gqbZ & bl izdkj ds lk{; ds vk/kkj ij nks"kflf) dk vuqeksnu djuk vR;Ur gh vlqjf{kr gksxk & nks"kflf) vkSj ltk vikLr dh & vfHk;qDrksa dks lHkh vkjksiksa ls nks"keqDr fd;k & rqjUr fjgk djus ds funsZ'k fn;sA ¼in la[;k 20 ls 26½
vihysa Lohdkj dhA
Biri Singh, Senior Advocate with Laxmi Kant Shandilya, for Appellant in D.B. Criminal Appeal No.634/2008;
Shri Anil Upman, for Accused-Appellants in D.B. Criminal Appeal Nos.709/2008, 800/2008 & 448/2011;
Javed Choudhary, Public Prosecutor
Hon'ble RAFIQ, J.—All these appeals arise out of the common first information report being FIR No.343/1996 registered with Police Station Jawahar Nagar, Jaipur for offence u/Ss.307, 332, 353, 365, 395, 397, 324 IPC and Sections 3/25 and 4/25 of the Arms Act leading to conviction of the appellants in two separate trials. While first three of these appeals namely; D.B. Criminal Appeals No.709/2008, 634/2008 & 800/2008 are directed against the common judgment dated 31/05/2008 passed by the learned Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No.112/2001, fourth D.B. Criminal Appeal No.448/2011 is directed against the judgment dated 24/07/2008 passed by the learned Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No.48/2008 whereby, the accused-appellants were convicted and sentenced for the alleged offences, as under:-
(a) All the accused-appellants were convicted for offence u/S.395 IPC and were sentenced to life imprisonment alongwith fine of Rs.5,000/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for six months, convicted for offence u/S.332/149 IPC and were sentenced to simple imprisonment for three years alongwith fine of Rs.1,000/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for three months, convicted for offence u/S.353/149 IPC and were sentenced to simple imprisonment for two years alongwith fine of Rs.1,000/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for two months, convicted for offence u/S.365/149 IPC and were sentenced to simple imprisonment for seven years alongwith fine of Rs.2,000/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for six months.
(b) Accused-appellants Virendra @Mahaveer, Rahul @Ashish @Tulla and Ajay @Vijay were convicted for offence u/S.148 IPC and were sentenced to simple imprisonment for three years alongwith fine of Rs.1,000/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for three months.
(c) Accused-appellants Sandeep @Bittu, Deepak Chaudhary & Shyam @Shyam Kumar were convicted for offence u/S.147 IPC and were sentenced to simple imprisonment for two years alongwith fine of Rs.1,000/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for two months.
(d) Accused-appellants Rahul @Ashish @Tulla and Ajay @Vijay were convicted for offence u/S.4/25 of the Arms Act and were sentenced to simple imprisonment for one year alongwith fine of Rs.500/- and in default thereof, each one of them was sentenced to further undergo simple imprisonment for fifteen days.
(e) Accused-appellant Virendra @Mahaveer was convicted for offence u/S.3/25 of the Arms Act and was sentenced to simple imprisonment for two years alongwith fine of Rs.500/- and in default thereof, he was sentenced to further undergo simple imprisonment for fifteen days.
(f) Accused-appellant Devendra @Mama was acquitted from the charge of offence u/S.397 IPC.
(g) All the sentences were ordered to run concurrently.
2. The facts giving rise to these appeals are that a ‘parcha bayan’ of Home Guard-Ummed Singh was recorded on 21.9.1996 that he along with Police Constable-Laxminarayan was on surveillance duty in the night of 20-21.9.1996 in Ram Gali Nos.6 & 7 of Raja Park Colony of Jaipur. When they reached in front of ‘Appu Ghar’ at 3.30 a.m., they found a person standing in suspicious circumstances. Then they noticed two persons breaking shutter of ‘Look Fine Garments Store’. They challenged them. However, one of them took out a pistol and pointed at him (informant). Four-five persons suddenly came there and started beating him. One of them caught hold of him, whereas another put a pistol on his chest. They compelled him to sit in a blue Maruti Car. Other accused started beating Laxminarayan.
