RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) By this common judgment, I shall dispose of all the four appeals referred above which are directed against the Judgment dated 6th November, 2004 and Order on Sentence dated 9th November, 2004, whereby all the appellants were convicted under Section 392/34, 394 and 506 of IPC and the appellant Rakesh was also held guilty under Section 397 of IPC and Section 25 of Arms Act. All the appellants were sentenced to undergo RI for 10 years and to pay fine of Rs.5,000/- or to undergo RI for 6 months each in default under section 392/34 of IPC and were further sentenced to undergo RI for 5 years each and to pay fine of Rs.2,000/- each or to undergo imprisonment for four months each under Section 394 IPC. They were also sentenced to undergo RI for 3 years and to pay fine of Rs.1,000/- each or to undergo RI for three months in default under Section 506 of IPC. The appellant Rakesh was sentenced to undergo RI for 7 years and to pay fine of Rs.3,000/- or to undergo RI for 4 months in default under Section 397 of IPC and to undergo RI for three years and to pay fine of Rs.1,000/- or to undergo RI for three months in default under Section 25 of Arms Act.

(2.) On the night intervening 29/30th December, 2003, on receipt of copy of DD No.26-A regarding car No.DL2CA 5531 with four persons in it, having been intercepted near Sultanpuri Crossing, the IO of this case reached the spot, where ASI Jaslin Kongari of Police Control Room produced the appellants before him and informed that they had been caught with stolen goods on the identification of the complainant Sunil and his companion Manoj. The articles produced by ASI Jaslin Kongari and one knife were also seized from him. He also found that Registration No. DL9C 2337 had been etched on the glasses of the car, whereas the number plate fixed on it bore Registration No. DL2CA 5531.

(3.) In his complaint to the IO, Sunil Arora stated that on 29th December, 2003, he alongwith his companion Manoj, was standing at Peeragarhi Chowk at about 11.30 pm. One Maruti car No.DL2CA 5531 stopped near them. Two boys, including driver, were sitting in the car and were asking for passengers for Bahadurgarh, Sapla and Rohtak. Since they agreed to drop the complainant and his companion to Bahadurgarh, they occupied the rear seat of the car. Two more boys, who were present on the bus stop, also joined them on the rear seat of the car saying that they had to go to Rohtak. When they reached ahead of Nangloi, the persons sitting on the right side of the car, took out a knife, put it on his neck and asked him to take out whatever he had. When the complainant avoided handing over his belongings to him, that person gave a knife blow to him which the complainant was able to avert. The person, who was sitting on the left side of Manoj, gave a fist blow to him. Having got scared, the complainant handed over his mobile phone, wrist watch and Rs.4700/- in cash, whereas Manoj handed over his gold chain, mobile phone and gold ring, which he was wearing, and Rs.2500/- in cash to them. The car driver then stopped the vehicle at a deserted road. The complainant and his companion Manoj were brought out of the car and were searched. The robbers then sped away in the car, after threatening to kill the complainant and his companion. When the complainant and his companion were coming out of the road on which they were left, they noticed a PCR van coming on the road. They narrated the incident to the police officials travelling in the PCR van with them. When they reached near Police Station, it came to be known that one car No.DL2CA 5531 had been stopped near Sultan Puri Railway Crossing by another PCR van. When they reached near Sultan Puri railway crossing, they found car No.DL2CA 5531 and four persons whose names came to be known as Narinder, who was driving the car, Rajinder, who was sitting on the front seat with the driver, Rakesh, who was sitting with the complainant and Sikander, who was sitting with Manoj.