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3. After registration of the case, investigation were initiated, 4/5 persons were asked to joint he raiding party but none agreed. Mobile phone was converted into pullanda and sealed with the seal of SH. Sketch of Ustra was prepared which was also converted into pullanda and sealed with the seal of SH and seal after use was given to Const. Charan Singh. Site plan was prepared at the instance of complainant Santosh Kumar. Const. ST VS FIROZ FIR No. 223/09, PS BHAJAN PURA, U/SEC. 332/353/394 IPC Damber Singh was got medically examined vide MLC N o. A-2597/09 and nature of injury was opined as simple caused by sharp object. The uniform worn by ASI Lalu Oraon was taken in possession, disclosure statement of accused was recorded. Case property was deposited in the Malkhana. Mobile phone of complainant was released on superdari to its real owner, statement of witnesses were recorded and after completion of all necessary investigation challan u/sec. 173 Cr.P.C for the offences punishable u/sec. 186/353/332/394/397/411 IPC r/w section 27 of Arms Act was presented against the accused in the court of Ld. MM.

d). PW.4 deposed that on 16.6.09 at about 9 p.m he was going to Bhajan pura from Seelam Pur in a RTV bus no. DL-1MC-0195. When the bus reached near Kardampuri bus stand 66 foota road, accused present in the court gave a slap to one Santosh kumar who was standing there. He also took out a ustra, attacked him and snatched his mobile phone from his hand. Thereafter accused also attacked him(PW.4 Nitesh) by ustra but he saved himself. He further deposed that when the bus slowed down near Kardam puri bus stand accused got ST VS FIROZ FIR No. 223/09, PS BHAJAN PURA, U/SEC. 332/353/394 IPC down from the bus. He and Santosh made noise of chor chor the driver stopped the bus . He alongwith Santosh get down from the bus and followed the accused, two police persons (one ASI and one Const.) were present near the bus stand. After hearing their noise they also followed the accused and when the police persons tried to apprehend the accused, accused also attacked them with ustra and by the said Act, the uniform of the constable was also torned and he has also received injuries on his finger. He further deposed that when ASI tried to apprehend, accused had also torn his uniform by pulling the stars on his shoulder. Thereafter the accused was apprehended there. He also informed the PCR. ASI snatched the ustra from his hand and also took the mobile phone of Santosh from the hand of accused, on inquiry accused disclosed his name as Firoz. The local police came to the spot and recorded the statement of Santosh. IO prepared the sketch of ustra vide memo Ex. PW2/B kept in a pullanda and was seized vide memo Ex. PW2/C, the mobile phone of Santosh was also seized vide memo Ex. PW2/D . The torned uniform ST VS FIROZ FIR No. 223/09, PS BHAJAN PURA, U/SEC. 332/353/394 IPC of the police official was seized vide memo Ex,. PW2/E. Accused Firoz was arrested vide memo Ex. PW2/F and his personal search was conducted vide memo Ex. PW2/G. All the memos bears my signatures. In rest of his testimony he corroborated the testimonies of other witnesses and also identified Ustra as Ex.P.1 as the same recovered from accused Firoz. He further stated that he can identify the mobile phone if shown to him. During his cross-examination he deposed that there were 40/45 persons in side the RTV bus and further stated that he himself, Santosh and accused present in the court were standing near the gate of the RTV bus. Rest of his testimony is reiterated by him as submitted during examination in chief.

19.In view of the aforesaid discussion and taking into consideration the facts and circumstances of the case and evidence adduced by the ST VS FIROZ FIR No. 223/09, PS BHAJAN PURA, U/SEC. 332/353/394 IPC prosecution I am of the considered view that prosecution succeeded in proving its case beyond reasonable doubt against the accused for the offences u/sec. 332/353/394 IPC, however, no ingredients to convict the accused for the offence u/sec. 397 IPC are proved against the accused. . I accordingly hold the accused Firoz s/o Menaz Pehlwan guilty for the offence u/s 332/353/394 IPC. Let he be heard on the quantum of sentence.

ST VS FIROZ FIR No. 223/09, PS BHAJAN PURA, U/SEC. 332/353/394 IPC 28.05.2011 Present: Sh. S.K. Dass Ld. Addl. PP for state.

Convict produced from J/C. Sh.A.K Tiwari Advocate/Amicus Curiae on behalf of convict.

Arguments on the point of sentence heard.

After hearing arguments I sentenced the convict Firoz s/o Menaz Pehlwan for a term of Rigorous imprisonment for three years and to pay fine of Rs. 1000/- and in default of payment of fine he shall further undergo SI for three months for the offence u/s 394 IPC and further RI for one year and to pay fine of Rs.500/- and in default of payment of fine he shall further undergo SI for three months for the offences u/s 332/353 IPC each. All the sentence shall run concurrently. Fine not paid.