VINOD KUMAR Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) Appellant Vinod Kumar has been convicted under Section 397/411/34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and has been sentenced to rigorous imprisonment of seven years and fine of Rs.10,000/- under Section 397/34 IPC and in default of payment of fine, to undergo rigorous imprisonment of six months. The applicant has been further sentenced under Section 411/34 IPC with rigorous imprisonment of one year and fine of Rs.1,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for 15 days.

(2.) The story of the prosecution is that Mr. Jaspal Singh, driver and Mr. Jagtar Singh @ Jagga, cleaner had reached Delhi on 22nd February, 2001 at about 10.00 PM in truck No. PCK 597 from Mandi Govind Garh with bags of foam and iron items. They had unloaded the bags of foam at Shastri Nagar and had come to Naraina opposite Shop No.22/8 on the main road. Mr. Jaspal Singh, the driver went to make a telephone call to Mr. Raj Kumar to whom the goods were to be delivered leaving behind Mr. Jagtar Singh @ Jagga, the cleaner in the truck. When he came back, Mr. Jagtar Singh informed Mr.Jaspal Singh that someone had come demanding diesel from him. Mr. Jaspal Singh sat on the drivers seat and started waiting for Mr. Raj Kumar. After some time the person who had earlier demanded diesel, came and gave a fist blow on the face of Mr. Jagtar Singh and two other persons came inside the truck and put a revolver on the forehead of Mr. Jaspal Singh. The three persons tied hands of Mr. Jaspal Singh and Mr. Jagtar Singh and made them lie down on the back seat of the truck and a quilt and blanket were put on them. One out of the three persons started driving the truck. The truck was driven for about one and a half hour. The goods were unloaded from the truck. Thereafter at about 4.30 AM in the morning, they stopped the truck and left Mr. Jaspal Singh and Mr. Jagtar Singh inside the truck with their hands tied. After some time both of them managed to free themselves and came to Delhi from Gurgaon where the truck was stopped. They made a call to the transport company in Mandi Gobindgarh and also spoke to Mr. Raj Kumar at Delhi. Both of them went to Police Station Patel Nagar and accordingly FIR No.104/2001 in Police Station Patel Nagar was recorded.

(3.) The appellant herein was arrested on the night intervening on 23rd and 24th February, 2001. He made a disclosure statement before SI Prahlad Singh stating that he was involved in the said robbery and he could get the articles recovered from a plot near Jai Vihar near Bani Camp Nazafgarh. Subsequently on the basis of the disclosure statement, the articles were recovered and given on superdari to Mr. Raj Kumar.