LexASLAM @ DEEWAN versus STATE OF RAJASTHAN
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 13 S.C.R 1010 ).. A ASLAM @ DEEWAN v STATE OF RAJASTHAN (Criminal Appeal No. 1531 of 2008) B SEPTEMBER 25, 2008 ·- [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.] Penal Code, 1860 - s. 394 - Voluntarily causing hurl in c committing robbery - Accused looted a person by inflicting grievous injury- Conviction uls 394 with 10 years RI by courts below - Interference with - Held: Test identification parade was held - Injured victim identified accused during investiga- tion in presence of Magistrate - Victim identified the articles D recovered - Thus, order of courts below does not call for inter- ference. ~· According to the prosecution case, on the fateful day, some miscreants looted PW-11 by inflicting grievous blow on his head with iron rod. They snatched the bag and ran E away. FIR was lodged. Appellant and accused W were arrested. On basis of the information by accused W, ar- ticles looted and also the weapon used were recovered. PW 11-injured witness as also other witnesses were ex- amined. Trial court on basis of the evidence on record F held the appellant and accused W guilty and convicted \-- them u/s 394 IPC and imposed rigorous imprisonment for 10 years. High Court upheld the order. Hence, the present appeal. Dismissing the appeal, the Court G HELD: 1.1 In the instant case, test identification pa- rade was held. The identification proceeding was con- ducted by PW-21-Judicial Magistrate. The accused per- t' sons were identified during investigation by PW-11-in- H 1010 ASLAM @ DEEWAN v. STATE OF 1011 RAJASTHAN jured witness in the presence of PW-21. PW-11 identified A the articles which were recovered in the presence of the Magistrate. The identification proceedings reports are Ex. P-13 and P-14. The stand that PW-11 may have got op- portunity to see the accused persons earlier was found -~ to be without any substance by both the trial court and 6 the High Court. [Paras 8 and 9] [1014,A-C] 1.2 The appellant's case that he has already suffered custody for a considerable length of time is of no conse· quence. Trial court also noted that both the accused per- sons are habitual offenders and appeals involving simi- c lar offences were pending before the High Court. Since minimum sentence of 10 years has been awarded, there is no reason to interfere with the appeal. [Paras 10 and 11] [1014,D-E] CRIMINALAPPELLATEJURISDICTION: CriminalAppeal D No. 1531 of 2008 From the Judgment and Order dated 2.3.2007 of the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Crl. Jail Appeal No. 1233 of 2004 Chityanya Siddarth (AC.) and P. Purnima for the Appellant. E Milind Kumar and Aruneshwar Gupta for the Respondent. The Judgment of the Court was delivered by DR. ARIJIT PASAYAT, J. F 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court, Jaipur Bench. Two appeals, one filed by the present appellant and the other by Wasim @ Raju were directed against the common judgment G and order of learned Special Judge, Fake Currency Cases, Jaipur City, Jaipur. The accused persons were found guilty and ·-1 were convicted for offence punishable under Section 394 of the Indian Penal Code, 1860 (in short 'IPC'), and sentenced to undergo RI for 10 years. H 1012 SUPREME COURT REPORTS [2008] 13 S.C.R. ' ,l. A 3. The background facts in a nutshell are as follows: A written report (Exhibit P-1) was lodged by Jagdish Soni (PW-1), at Police Station Manak Chowk, Badi Chopad, Jaipur, wherein it was mentioned that on 24.4.2002 at about 8.30 to B 8.45 p.m. his brother-in-law - Shri Nand Kishore S/o Shri •·· Rameshwar Das, was looted by some miscreants in between Partanion-Ka-Rasta and Gali Mahadev, who inflicted grievous blow on his head by iron rod and snatched his bag and ran away. Shri Nand Kishore was got admitted in the Bangar Hos- pita I. c On the basis of the above report, the police registered a chalked FIR (Exhibit P-2) under Section 392 IPC. During inves- tigation of the case, accused Waseem @ Raju S/o Qadir was arrested by the police on 2.5.2002 at Kadkad-duma Court D premise, Delhi, at about 3.00 p.m., vide arrest-memo (Exhibit P-27) and accused-appellant Aslam @ Deewan S/o Shamshu ~ Khan was arrested vide Exhibit P-25 on 11.5.2002 in the house of Sheokat Bhai, near Bilala Masjit, Delhi. Accused Waseem gave an information vide Exhibit P-21, under Section 27 of the
Excerpt shown. Read the full judgment & AI analysis in Lexace.