HARI SHANKAR AND ORS. Vs. STATE

JUDGEMENT

(1.) The present appeals have been filed under Section 374(2) of Cr.P.C. for setting aside the judgment dated 13.11.2018 and order on sentence dated 16.11.2018 passed by learned Additional Sessions Judge-02 (Central), Tis Hazari Courts, Delhi in case SC No.29026/2016, FIR No.177/2011 for offences punishable under Sections 393/394/398/34 IPC, registered at Police Station Lahori Gate, Delhi, whereby, appellants have been convicted and sentenced to undergo RI for 7 years each for the offence punishable under Section 393 read with Section 398/34 IPC and to pay a fine of Rs. 12,000/- each and in default thereof, they would have to further undergo SI for three months. Appellants were also sentenced to undergo RI for 7 years each for the offence punishable under Section 394 IPC read with Section 398/34 IPC and to pay a fine of Rs. 13,000/- each and in default thereof, they would have to further undergo SI for three months. The amount already paid as fine vide judgment dated 03.10.2013 was directed to be adjusted. Both the sentences were directed to run concurrently and benefit of Section 428 Cr.P.C. was also given to appellants.

(2.) It is not in dispute that vide order dated 10.04.2012, joint charges were framed against appellants under sections 393/394/34 IPC and under section 397 IPC. The appellants pleaded not guilty and faced trial.

(3.) Learned counsel for appellants submits that the prosecution has examined total five witnesses. PW-1 Dr. Lalit Sagar who had examined Smt.Sadiya PW-2 and opined simple injuries on her right hand finger and palm. PW-3 is Ms. Madiya and PW-4 is Ms. Hadiya, the daughters of PW-2. The prosecution has also examined Sh. Akif Amani, a public witness as PW5, who had allegedly handed over the accused persons to the police and also handed over the knives to the police but he has subsequently turned hostile and did not support the prosecution case at all.