NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 172 of 2021 Judgment Reserved on 04.04.2024 Judgment Delivered on 06.05.2024 • Chandrashekhar @ Deepak, S/o Shri Sanank Sai, aged about 29 Years, R/o Village Madhubantoli, Jashpurnagar, P.S. Jashpur, District Jashpur, Chhattisgarh.

----Appellant Versus • State of Chhattisgarh, Through S.H.O., Police Station Jashpur, District Jashpur, Chhattisgarh.

---- Respondent For Appellant Ms. Meena Shastri, Advocate.

For State Mr. R.K. Gupta, Additional Adovcate General.

CRA No. 403 of 2021

1. Amar @ Budhan, S/o Vishwanath Ram, aged about 35 Years, Occupation Labour, Resident of Village Ekamba, Police Station Sanna, District Jashpur, Chhattisgarh.

2. Virendra @ Laddu, S/o Sikso Ram, aged about 23 Years, Resident of Village Sarnatoli / Nawatoli, Jashpur, Police Station Jashpur, District Jashpur, Chhattisgarh.

----Appellants Versus • State of Chhattisgarh, Through the Incharge, Chowki Manora, Police Station Jashpur, District Jashpur, Chhattisgarh.

---- Respondent For Appellants Mr. Dhirendra Prasad Mishra, Advocate.

For State Mr. R.K. Gupta, Additional Advocate General.

Hon’ble Shri Justice Goutam Bhaduri &

Hon’ble Shri Justice Radhakishan Agrawal

C A V Judgment

Per Radhakishan Agrawal, J.

1.Both these appeals under Section 374(2) of Cr.P.C. have been filed against the judgment of conviction and order of sentence dated 11.01.2021 passed by the Additional Sessions Judge, Jashpur, District Jashpur, C.G. in Sessions Trial No.27/2019, therefore, they are being disposed by this common judgment.

2.By the impugned judgment, the appellants have been convicted and sentenced as under:-

Conviction of appellants namely Chandrashekhar @ Deepak & Amar @ Budhan	Sentence
Under Section 397 of Indian Penal Code	R.I. for 14 years with fine of Rs.1,000/- to each appellants, in default of payment of fine additional R.I. for 15 days months
Conviction of appellant- Virendra @ Laddu	Sentence
Under Section 397 of Indian Penal Code	R.I. for 14 years with fine of Rs.1,000/- to each appellants, in default of payment of fine additional R.I. for 15 days months
Under Section 25 (1-[k)(d) of Arms Act	R.I. for three years with fine of Rs.1,000/-, in default of payment of fine additional R.I. for 15 days

(Both sentences of appellant- Virendra @ Laddu were directed to run concurrently)

3.Case of the prosecution, in brief, is that on 05.04.2019 at 7:20 pm, when the complainant-PW-1 Amrit Abhay Minj, who was working as Salesman in Lava Fuels Petrol Pump, Manora, at the same time, three persons covering their face reached the said petrol pump on their motorcycle without having any number plate and asked him to fill petrol amounting to Rs.50/- and when the complainant-PW-1 was about to fill the petrol, then one of the pillion riders of motorcycle got down and tried to snatch the cash bag. When the complainant tried to resist the said act, in that process, the person snatched the bag at the point of pistol (Desi Katta). In the meantime, the other person also showed pistol (Desi Katta) and all the three persons ran away towards Manora village. According to the complainant-PW-1, the bag contains cash of Rs.14,300/-. Thereafter, on the same day, at 20:00 hours, the complainant lodged the report (Ex.P-1) at Police Outpost Manora where a crime No.0/2019 was registered under Section 397 of IPC and Section 25 & 27 of Arms Act against the unknown persons, on the basis of which, a numbered FIR vide Ex.P-12 came to be registered at police station Jashpur. Based on FIR, investigation took place and during course of investigation, the appellants namely Amar @ Budhan Ram and Chandrashekhar Chouhan were nabbed in connection with another crime No.38/2019 for the offence under Section 379/34 of IPC and Sections 25 & 27 of the Arms Act registered at Narayanpur Police Station and on being asked, they disclosed the name of appellant- Virendra @ Laddu. Memora

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