SALEEM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THESE three appeals have been filed by the three accused-appellants challenging their conviction and punishment awarded to them by the Court of Additional Sessions Judge in Sessions Case No.50 of 2006. Vide judgment dated 17th September,2007 accused-appellants have been convicted under Section 392 read with Section 34 of the Indian Penal Code(`IPC' in short) and accused-appellant Mohd. Akhtar @ Rahul has been additionally held guilty under Sections 411 and 397 IPC also and vide order dated 24th September,2007 all the three accused-appellants were awarded 10 years' rigorous imprisonment and fine of Rs.5000/- each with a default stipulation that they shall have to undergo further simple imprisonment for a period of one year in case of default in payment of fine. For the conviction under Section 411 IPC accused-appellant Mohd. Akhtar @ Rahul was separately awarded sentence of rigorous imprisonment of three years and his substantive sentences of imprisonment were ordered to run consecutively.

(2.) THE case of the prosecution was that on 21st December,2005 at about 3 p.m. PW-1 Rajan Chaudhary alongwith his employee PW-2 Kashi Nath was going towards New Delhi Railway station on foot. At that time Kashi Nath was carrying with him a black coloured brief of Goldman Company case having Rs.1,25,000/- in it which amount he had withdrawn from the bank account of his employer's firm M/s Sri Enterprises Ram a day before. When they reached Kundewalan gali in Ajmeri Gate one fat boy(accused-appellant Saleem) came and caught hold of the hand of Kashi Nath with which he was holding the brief case containing money and that boy also kept a knife on the neck of Kashi Nath and another boy(accused- appellant Shekhar) started giving fist blows to Kashi Nath and their third companion snatched the brief case from Kashi Nath. THErafter all the three boys ran towards Kuch Pati Ram. On hue and cry being raised by Rajan Chaudhary some public persons collected there and those boys were chased. Accused-appellant Saleem and accused-appellant Shekhar could be apprehended at some distance from the place of incident by PWs 1 and 2 with the help of public persons while the third person who had snatched the brief (accused-appellant Mohd. Akhtar @ Rahul) managed to escape. THE two apprehended accused were beaten by the public. PW-14 Sub- Inspector Ho Ram Singh alongwith two constables posted at Hauz Quazi police station, within whose jurisdiction the robbery had taken place, happened to be on patrolling duty at that time and hearing the commotion came to the place where accused Saleem and Shekhar had been apprehended. PW-1 Rajan Chaudhary narrated to SI Ho Ram Singh what all had happended with PW-2 Kashi Nath and the two accused were handed over to him. THE statement of PW-1 was reduced into writing by SI Ho Ram Singh meanwhile the police also reached there and on this statement of Rajan Chaudhary and a rukka was prepared by SI HO Ram Singh he sent constable Karambir with that rukka to the police station Hauz Quazi for registration of the FIR under Sections 392/397/34 IPC which was accordingly registered.

(3.) LEARNED trial Court after considering the evidence adduced by the prosecution passed the impugned judgment holding all the three accused- appellants guilty and sentenced them, as has been noticed already. Feeling aggrieved, the three convicted accused filed separate appeals which were however heard together and are now being disposed of also together by this common judgment.