C-22 311^1 ^il h-u* sv^w ?h*li^ •Hf^F 's^ ~'^W\v\^, anlwis, ("Kii'yy sn^?r 1cra^? 11*<CTI g,^q;———••——•—••—•——•-'g^ 200 l^re^r' sii^i'reiiWBfer HIGH COURT OF CHHlA.TTISGARH AT BILA8PUR CRIMINAL APFtEAL N0. 721/2005 APPELLANT8 ACCU8ED W JA1L) 1. Hol^ Ravi pixit, S/o Diivari Lal Dbdt, aged|about 19 years, occupation L^bour, K/o JSdathura, Jnside ,'-4iate PeerpaG.ch GaU (Streetj Mathhira (U.P.) Shyafii Bihari, S/o Ram Prasad Raut^ya, aged about 20 years, R/o - Duldiila. P.S. - Kuiikuri, Distt. Jash VER^US Respondent Present: Shri Manoi Mishra, Ad^bcate for the auoeUants. Shri Weeraj Mehta, Pan ORAL (16th N01 Dhirendra Mishra, J This appeal is" direc conviction and order of passed in S.T.No.205/04 Sessions Judee (FTC), Amt appeUants under Sections of them to underao RI for 7 +l*lT<r1<>i1*1 MiH^ ^ Is^ <faf^R i?<Mpdt| sn^i !-nr ir'r^ 'u-j. ^v/\jr^ The ^tate of Chhattisgarh, Thro^gh : P.S. - Bata-i-ili, Distt| - Surguja (C.G.) il Lavryes for fhe State. UDGMENT ember 2007) jted aeaiust fhe iudeaieut of senlfence dated 6th December 2004 i|(rherebv learned Vth Additional fikaour has convicted bofh fhe 3^7/34 of IPC and sentenced each tears, vav a JBne of Rs.200 and in f rHC-22 3iii?r?iT K.-v'b sn^i ?d^i<=h <-ifsa 'S^ •^l^ld'1!, ®^<H'IG,l«(t11'M1,< StI^T TT?q; *{iti?(Tgi-Kra) -^ 200 l^^a' 3H^[ ^RIIWgf^I default of payiaeiit of fin[ months. Appellant No. 2 Sl| under Section 27 ofthe for 5 vears. oav a fine of| undereo additional RI for beeu directed to run concul to underao additional RI for six llivam Bihari has also been conwicted Artiis Act and senteaced to undereo RI Rs.100/- and in default fhereof to tbree inonfhs. All fhe seatences have -rentlv. com.olaiubnt stadted 2. Case of the proset December 2003 State Bank of India, was eaiployees and fhey wer^ about 11.40 a.in. accusedl took out pistol and fhreatened the casbier Idr; cash of Rs. 49.000./- to nersons started runrune einulovees also chased public while they were trj. coinplatnant lodged a which First Inforniation ctut fhebi wriflten paym^at 3. Durine uivestieatloil Rs. 49.000/- less, Ex.P/ 1. The country cartridaes and one live cartridees were taken iatjo lu.ad.e ct)l'4T^'V'1 ^ll^l^Tf "^ 1$l<^ <I^T'K1< i; sifSgir SIT^I ;uti.on, in brief, is fhat on 13th Arul Biioura, Braiich Manaser, j.jresent in the bank as also tlie ofher discharguie fheir duti.es when at Shvam Biliari entered in. tlie banls:, firuie and accused Ravi Dixit •Ash Deepak (PW-11. who haaded over them. Thereafter, bofh the accused of the bank. However, fhe banlt aiid fhev were apnrehended. bv fhe i'ine to flee by fh.e motorcycle. The reoort of Ex.P/8, on the basis of of Ex.P/ 9 was reeistered. R4oort balance sheet of the bank shoinn.e reeister etc. were seized vide oistol of 0.38 bore wifh five eniptv in fhe chamber and four live possession from appeUaiit Sbyam L41^ <1^^ cajrtL-idee HC-22 STI^I^RT R-li'* 311^1 ^|-T ^lfea ^ST -><l'l<li'l'4, afll+i'is, fawi'Hy n.n l ^L- / SIT^T x»?ra? tiiiRw wirai •M 200 fq^CT' an^I ^gTWHftiT 3, Casti Biliari under Ex.P/2. possession vide Ex.P/ 3 jrorc( inotorcvcle nras also Perinission for filinB charee i Act was obtauied from the| Ex.P/ 16. Appdlants Ravi laedical examitiation where gave his M.L.C. report of uivestigation charge accused/ appeUaats. The Section 307/34, 397/34 of whereas charee under Section 27 of the Arms / Shvsum Bihari. 4, During torial ffae prost atl. Thereafter, stateinent recorded wherein fhey deru|i fhein in the prosecution. um.oceat, fhey were passin^ coniiaotion and because of were caught by fhe pubUc. heariaa counsel for the appellants froin fhe chareel ^lt^l^^l ^IH^TE ^ l£l<?1 <f^^.t< ^siPaRSll^l LS^I of Rs. 34.000/- was taken into appeUant Rawi Dixit. Hero Honda s4d froni Jugeram. vide Ex.P/12. theet undei' Sectiou 25 of fhe Anns District Maaistrate, Sarsuia vide aad Shvam Bihari were sent for tlr. B.R. Kurre examined ftieni and i.'Pt 17 & P./18. After completitlg was filed aaauist he fcrial Court framed charee under IPC aeainst apuellant Ravi Dudt 307/34, 397/34 of IPC and Act was franied aeainst appeUant Dijdt Ek stleet tlfae Sectioa Iscution examiued 13 witnesses iu :s of the accused oersons were |ed the evidence appearine against lcase aud pleaded tliat thev are nearbv the ba&k wben fhey heard llhis thev started runiung when fhey However. learned trial Court after respective parties acquitted Uie under SectLon 307/34 of fhe IPC [^t^ ^fe^ r C-22 SII^F^T l<-fi<h sn^r ^*iict) ^Tifl 'fSt •^H\V\t\, wAw , 1SICTI'M1<. ^T^?T 'q^R ^rawgmW"""""""" 'wi. 20° •IN^y" SII^I TOIIWHfSd and convicted and seatenced 1 of this 1'udement. theai as nieationed in paragraph durtie 5. Leamed counsel for appellants were stranaer aad i identified th.ein since before. 1 parade was conducted argued fhat the prosecution| robbery of Rs.49,000/- has N froin the bank, however, onl^f aUegedlv seized froni fhe incident, which also creates prosecution case. tfae appeUant subniits fhat ttie bone offhe prosecution witiiesses However, no test identification ri|ne uivestigation. It is further has coxne up with. a case fh.at :ai coiuinitted by the appeUants a suni of Rs.34.000/- has been a^peUants iaiinediately after fhe suspicion about the veracitv of 7. I have heard learned coUasel fhe material available on judgment. 8. Conviction of fhe anpel of coiaplainant Aml Biioura 1), Ajit Banai-jee (PW-6), NSUEK 8) and recovery of the pisto 'i>i<<tci<ii-f 'WRTI" 4 feIA <r"it$i< ^Tsifwian^t 6. On tlie other haiid. lebrned counsel aopeai-ina for the State/resoondent supnorted limpuened iudEBueiit of fhe trial Court, for the parties and uerused ecord includuie tlie unpugned lants is based on the statemeuts (F|W-5i, Idi-ash Deepak Khaish (PW- Kishore (PW-2), Ramakaiit (PW- affected froni appeUant Shyam 'iss^-ys sn^r^t h-H* snjsr so+iict) ^lT?c) T°? •<ll<IM'i<, aflly'is, [««ni^i,< Sd^T TR^? 111CTI g,^q,———••—•—•——••——•••"g^ 200 'fq^T" sn^i ^giwHfsd 5 Bihari, which has been provl witnesses as also from fhe std tbe 9. PW-5 Aiul Blioura, cateaoricallv stated fhat on two bovs caine in his bauk. ol and fired froin fhe revolver.l ofher bov robbed cash frord fhev started eoiaa out offhe them shouting and at that nearbv fhe bank also stones towards tliem and the accused. Accused fhe bank and accused Shv< / fired from. the revDlver. In the sueaestion of fhe appeUants wifhout identifyv^ offence of dacoity. Brianch ^il^^n *ti*ic'ff'^ Ts^ •(,I^)^R. ^3lfiaH3II^[ ;d froiu fhe statenients of seizure temeat of aivestigatins oificer. teitme assedlbled N;slnd persdas 'adi defdnce Manager of the bailk, has date and atthe time ofnicident ue ofthem. Tsointed revolver at hini which hit wall of fhe baiik and cashier Deeuak Khaish, When Ibaiik with fh.e cash. thev foUowed fhe persons who were present there. fhey started peltine Kishore caught hold of one of had robbed Rs.49,000/- from Bihari present in the Court had [ross-exam.inatioii, he has denied fhat thev had cauaht the fheni aiid roped fhem iu the 10. PW-1 Idras Deepak Kliais has also stated ffaat he was cashier ofthe baak at the rel^'vant tiuie. On the date ofHicident i.e, 13.12.2003 he heai'd so^ne noise and saw appellant Ravi Dixit askina nioney froin hitn] using abusiue languaee. A hesitating in haadiag over and ofher accused Shvam Biliari ccused Shvam Bihari had put country made pistol agamjst Arul Bijouri, When he was uionev, accused Shvam. Bihari y tC-22 sn^i^ii [<;•<[+ 3D^[ sn+ii=h ^lfgfl TS? -MWlcl4!, a'al'y'iG, facii'yy 3Tl^?T 'VfSR II*<CTI <n*iicti" 'WI, 20° 'I^^T' 311^1 ?^IIWHf?a pointed the pistol at him otherwise he wfll shoot him. sum of Rs.49,000/- to tbe nionev in a clofh. both the elt wfaereupoh he and other shouting "dacoit. dacoit", gafhered and apprehended) were tr'^'ine to flee bv inotorcjvcle 4nd threatened him. to eive inonei,' whereupon he handed over a total ^ccused. After keeping the robbed :cused persons fled froiu the bank, abplovees of ftie bank chased theni lon which crowd of the vittagers fhe accused persons while fhey 11. PW-2 Naud Kishore persons were apprehaided inotorcycle by Uie viUagers memo pf Ex.P/2 aiid P/3, iu the cocainissiort of fhe seized. considerina observbtion oflthe 12. LeaiTied trial Courtl rescective parties prosecution duruig ti-ial 1) anpeUants with an 'Iiave sunuorted fhe case pistol used for coniinissionl which %ras seized irom. ai) em.ptv cartridaes and tive amount of Rs.34,000/- witaesses. There is no flle< cbi^Td41'f ^lHcif'^ fs^ ^l^i< ^'aifsnsiRST Ihas also stated that the accused while thev were tryins to flee bv He has also proved fhe seizure )>y which countrv inade pistol used labove offence and the cash were after heariae counsel for fhe the evideuce adduced bv the Uias conw.cted and sentenced fhe that independent wiuiesses orosecution, the countrv raade of ttie offence bv the apueUailts, ^peUaat Shyam Bihari along wi& tartridaes and seizure of fhe cash also been dulv proved bv fhe lllefeaUty or infij-mity in fhe iiupuglied .A hajve ^. /'"••^^XE.HC-22 aii^r^ii h'u'b SRI^T 9h*i\f^ •t-li^tT ^ '3^ •^|<<]^1<<, »fl1y<is,facii'uy sn^r x(?ra? 111CTI Shli<*l'"""""""'" 'WI^ 200 •te^T" 3D^[ WIIW ^lfTO ^ judement of fhe trial Couri based on proper apBreciatj record and fhere is no force counsel for Uie aBpellauts. 13. la. the result, the aoiieal Uable to be disinissed and is cht<il<n<ni *ii*i<nf'^ fs^ <[ait^i< ^; SlfStIH 3)1^1 :. Coaviction of fhe aBpellants is on of the evidence avaUable on in areunieats advanced bv learned lieing devoid of substaiice is accordingly disniissed. ^-