AI Structured Summary
Not yet generated for this judgment
Judgment
These two appeals (CRA No.533/2010 and CRA
No.631/2010) have been filed against common
judgment dated 19.01.2010 passed in Sessions
Trial No.60/2005. Hence, both the appeals are
heard together and are decided by this common
judgment.
The trial Court held the appellant Bittu @ Aditya
Kumar Jaat guilty for commission offence
punishable under Sections 302 and 394 / 394 of
IPC and awarded sentence for life imprisonment
each. The trial Court also held him guilty for
commission of offence punishable under Section
25 (1-A) and 27(1) of Arms Act and awarded
rigorous imprisonment for five years each.
The trial Court held appellant Dhiraj @ Sourabh
Jaat guilty for commission of offence punishable
under Sections 302 / 34 and 394 / 397 of IPC and
awarded sentence of life imprisonment each. The trial Court ordered that the sentence awarded to
the appellants shall run concurrently.
Prosecution story in brief is that on 29.11.2004 at
around 9 O''clock in the morning, three persons
namely Krishna Kumar Jain, Rakesh Soni and
Nikhilesh Soni proceeded to Sagar from
Narsinghpur in a Santro Car. Krishna Kumar Jain
was driving the car, Rakesh Soni was sitting on
the front seat and Nikhilesh Soni was sitting on
the back seat. When they were passing through
Jhiraghati, a black colour Indigo Car had crossed
their car and the car was stopped in front of their
car. The Santro Car was also stopped. Accused
persons entered into the Santro Car on the point
of pistol. Krishna Kumar Jain offered some
resistance and he was shot by a revolver and he died. Rakesh Soni also received injuries. After
traveling two kilometers, the car was stopped
and the accused persons threw the dead body of
the deceased in a trench in a valley. After
traveling further five minutes, Rakesh Soni and Nikhilesh Soni were also forced to leave the car.
Accused persons had taken the Santro Car
alongwith the property i.e. cash of Rs.1,05,000/-,
51 kgs silver and other silver. Report was lodged
at the Police Station Suatal. Thereafter, near
Shyam Talkies, Ripta Kandeli, accused Aditya @
Bittu was caught hold by the police with Santro
Car, silver and cash, which were seized from his
possession. Indigo Car was seized by the police.
Subsequently, other accused persons were
arrested. Police filed the charge-sheet. Accused
persons abjured their guilt. The trial Court
prosecuted seven persons. Some persons were
absconding. The trial Court convicted the
appellants Bittu @ Aditya Kumar Jaat and Dhiraj
@ Sourabh Jaat. Some persons were acquitted.
Learned counsel appearing on behalf of
appellants have contended that there is no
evidence against the appellant. The prosecution
has failed to prove the offence beyond reasonable
doubt against the appellants. Hence, the trial Court has committed an error in convicting the
appellants.
Learned Panel Lawyer appearing on behalf of the
respondent/State has contented that the
prosecution has established the guilt of the
appellants beyond reasonable doubt. The trial
Court has rightly convicted the appellants and
awarded proper sentence in view of the gravity of
the offence.
The trial Court passed a detailed judgment. PW-1
Rakesh Soni deposed that on 29.11.2004, he
alongwith his nephew Nikhilesh Soni and
deceased K.K. Jain were going to Sagar in a
Santro Car from Narsinghpur. They proceeded
for Narsinghpur at around 9:15 O''clock in the
morning. When they reached near Jhiraghati, one
black colour Indica Car overtook their car and it
was stopped in front of their vehicle, due to
which they had to stop their car. Three gangsters
alighted from the car. They had revolver in their
hands and they captured the car. Two robbers entered into the Santro Car and the third robber
was driving Indigo car. They were forced to sit in
the Santro Car. They had taken their documents
and belongings. K.K. Jain offered some
resistance, hence, one person had opened fire at
him. Thereafter, the vehicle was stopped after
some distance and body of Mr. K.K. Jain was
thrown in a trench. Rakesh Soni received injury
on his right eye. After some distance, they were
also forced to leave the car. Thereafter, they had
taken lift in a truck upto some distance and they
reached Suatal Police Station on a moped.
Rakesh Soni lodged the FIR. One of robber told
his name as Aditya and he was wearing black
shirt and another person told his name as Dhiraj.
Rakesh Soni identified both the persons in the
Court. The third person, who was driving the car,
was Somveer. The witness admitted that he
lodged the FIR Ex.P/1 and signed the same. He
further deposed that there was cash of
Rs.1,05,000/- and near about 38.5 kgs silver in the car belonging to him. There was property of
Mr. K.K. Jain i.e. Rs.8-8.5 lakh cash and 50 kgs
silver. He further deposed that after the incident,
Tehsildar conducted identification parade and he
identified accused Aditya, who had fired gun
shot. Identification memo is Ex.P/2 and he signed
the same. He also identified accused Dhiraj in the
office of Tehsildar Kareli and signed the
identification memo Ex.P/3. He further deposed
that article A is looted brief case (attaichi) and
article D is property of Mr. Jain. He identified
cash, property and a bag.
PW-2 Smt. Smita Jain is the wife of deceased K.K.
Jain. She deposed that her husband had gone to
Sagar in a Santro Car bearing registration No.
MP-15-A-3421 and she had a talk with her husband on mobile. Last time she had talked with
him at around 10:30-11:00 O''clock in the night
and in the afternoon she came to know that her
husband had been killed.
PW-3 Arvind Singh deposed that he was posted as Tehsildar and at around 3 O''clock in the
afternoon he had conducted identification.
Accused Aditya @ Bittu was produced. He was
covered. Other six persons were also mixed with
him. Rakesh Soni identified accused person. He
prepared identification memo and signed the
same. Nikhilesh Soni also identified the accused.
Rakesh Soni and Nikhilesh Soni also signed the
identification memo. Naib Tehsildar Swati
Fauzdar was also present during identification.
She prepared the identification memo Ex.P/2 and
also signed the same.
PW-4 Dr. S.K. Nema deposed that he was posted
on 29.11.2004 Medical Officer at Primary Health
Center, Warman and on the aforesaid date he
had performed postmortem on the body of deceased Krishna Kumar Jain. He noticed
following injuries on the person of the deceased :
Entry wound of fire arm 03x03x10 CM on forehead.
Exit wound 03x03 CM.
One abrasion 2x1/2 CM &
One blister on right thigh.
There was fracture of frontal and parietal region
of head. The deceased died due to gun shot
injury suffered by him on his head. He further
deposed that on the aforesaid date, he also
examined Rakesh Soni son of Ramgopal Soni and
noticed one lacerated wound ? inch x 1/8 inch x
1/8 inch at the forehead, which was caused by
hard and blunt object.
PW-5 Rajkumar deposed that accused Kedar was
working in his shop. He had taken leave. He had
informed him that he was going to Jabalpur. He
further deposed that police told him that Kedar
was arrested because he had murdered a person
and committed robbery.
PW-6 Narayan deposed that at around 10:30 in
the night, two person met with him and they told
him that robbers had killed one person. He had
gone at the police station alongwith those two
persons on his motorbike.
PW-7 Pankaj Nema deposed that before him,
Indigo Car and Santro Car were seized. Some
properties were also seized. Article A attaichi
was seized from the car. Similarly, article B, C,
D, were also seized. Currency of Rs.1,05,000/-
was seized. Silver articles, sillies (pieces) of
silver and cash were seized. He admitted his
signatures on the seizure memos. The police
catch hold one robber and before him, police also
catch hold another robber. Police had taken
those persons to the police station. The revolver
was seized before him and he signed the same.
He alongwith other persons remained at the
police station for near about 6-7 hours. He
further deposed that he signed the seizure memo
Ex.P/11, vide which revolver was seized from the
possession of accused Bittu.
PW-8 Pramod Kumar Chaturvedi deposed that he
was posted as Naib Tehsildar, Kareli and on
09.12.2004, he had conducted identification
parade of accused Satish Sharma and Kedar. The witnesses had identified the accused persons.
Identification memo is Ex.P/12, he signed the
same. He deposed that Naib Tehsildar Manoj
Chourasiya also signed the same.
PW-13 S.Y. Khan deposed that he was posted as
Assistant Sub Inspector on 29.11.2004 at Police
Station Suatal. Rakesh Soni lodged a report at
the police station, which is Ex.P1 and he signed
the same. Rakesh Soni was sent for medical
examination. He further deposed that he
prepared spot map Ex.P/24 on 29.11.2004 and
signed the same. Seizure memo is Ex.P/20 and he
signed the same. Some articles were also seized.
He further deposed that he recorded statements
of Rakesh Soni on 29.11.2004. He also recorded
statements of Nikhilesh Soni, Narayan Tiwari, Ms. Nisha Thakre, Rajkumar Gupta, Dharmendra
Yadav, Laxman, Mukesh, Moolcahnd Saini,
Babulal and Captain Suresh Singh. Accused
Yashveer @ Fauzi was arrested on 17.03.2004
vide arrest memo Ex.P/31. Omveer son of Banwari Lal Sharma was arrested on 21.03.2005
vide arrest memo Ex.P/32.
PW-14 D.K. Swami deposed that he was posted,
at the relevant time, in the office of the Collector
and the Collector had granted permission to
prosecute the accused Aditya Kumar @ Bittu for
the offence punishable under Section 25 / 27 of
Arms Act.
PW-18 Rajesh Tiwari deposed that he was posted
from 06.01.2004 to 30.06.2005 at Police Station
Suatal. He catch hold accused Aditya @ Bittu
after the incident when he was running and
thereafter, another accused Satish Sharma was
arrested. He further deposed that he recorded
statements of witnesses namely Sachin Jain,
Smita Jain, Kaluram Jain, Abhishesh Jain, Naresh
Kumar Shukla, Sohanlal Sunil, Rajesh Gupta,
Sanjay Kumar, Sanju Nema, Sanjay Baghel,
Janargan Girdhoniya. A car was also seized.
PW-19 Naresh Sharma deposed that he received information on wireless. Thereafter, near Shyam
Talkies accused Aditya @ Bittu was nabbed and
from his possession a revolver with four
cartridges was seized vide seizure memo Ex.P/11
and he signed the same. He identified the
revolver and the cartridges. Thereafter, accused
persons were arrested and from the Santro Car,
various articles were also seized.
PW-1 Rakesh Soni is the eye witness and was
present in the car specifically deposed that both
the accused persons had participated in the
incident. They came there in an Indica Car and
after over taking the Santro Car, they alighted
from the car and thereafter, they had entered in
the Santro Car. He further deposed that he had
heard the names of the accused persons- appellants Aditya and Dhiraj. Appellant Aditya
was identified in the identification parade by
PW-1 Rakesh Soni. He signed the punchnama
Ex.P2. The Tehsildar Mr. Arvind Singh (PW-3),
who conducted the identification, verified the fact of conducting identification parade. Aditya
had caused the gun shot injury to the deceased
and the deceased was died due to the aforesaid
gun shot injury. This fact has been proved from
the evidence of PW-4 Dr. S.K. Nema, who
performed postmortem of the deceased. A
revolver was seized from the possession of the
appellant. From the aforesaid evidence, in our
opinion, the trial Court has rightly held
appellant-Bittu @ Aditya Kumar Jaat guilty for
commission of offence.
Appellant Dhiraj @ Sourabh Jaat was also
identified in the identification parade by PW-1
Rakesh Soni. Identification memo is Ex.P3.
Identification parade was conducted by PW-8
Naib Tehsildar Mr. Pramod Kumar Choubey. Accused Dhiraj was arrested soon after the
incident alongwith the Santro Car. This fact has
been proved from the evidence of PW-19. The
looted property was seized and it was identified
by the owners. From the aforesaid evidence, in our opinion, the trial Court has rightly held
appellant-Dhiraj @ Sourabh Jaat guilty for
commission of offences.
Looking to the gravity of the offence, we do not
find any merit in these appeals. Both the appeals
(CRA-533-2010 and CRA-631-2010) are hereby
dismissed.