ISTKHAR Vs. STATE OF DELHI

JUDGEMENT

(1.) By this common judgment, I shall dispose of all the four appeals referred above, which are directed against a common Judgment dated 18th November, 2010 and Order on Sentence dated 25th November, 2010, whereby the appellants were convicted under Section 395 and Section 120B IPC and were sentenced to undergo RI for 7 years each and to pay fine of Rs.3,000/- or to undergo FIR for six months in default under Section 395 of IPC and were further sentenced to undergo FIR for 5 years each and to pay fine of Rs.2,000/- each or to undergo imprisonment for 4 months each in default under Section 120-B IPC.

(2.) On 2nd February, 2006, on receipt of information about an incident of robbery, the Investigation Officer of this case went to Bagh Kare Khan, Sarai Rohilla, Delhi where the complainant Smt. Madhu Gupta met him. The complainant alleged that she was in the business of selling foam-cloth and that on 30th January, 2002, she had sold cloth worth Rs.9,30,000/- and had kept the cash in her almirah. In the morning of 31st January, 2002, four persons came to her godown and talked about purchase of cloth. Out of those four boys, two again came to her godown in the morning of 2nd February, 2002. Recognizing them, she opened the door. Two other boys, who were present outside, also entered the godown alongwith them. Those persons gave beatings to her. After tying the complainant, they removed the jewellery which she was wearing and also removed the cash and some jewellery which had been kept in the almirah.

(3.) The appellants were arrested during investigation of this case and part of the stolen property is alleged to have been recovered from each of them.