SATINDER @ BAWA Vs. STATE THR. C.B.I.

JUDGEMENT

(1.) THE Appellants Satinder @ Bawa, Devender, Dilshad @ Kale, Ravi Kumar @ Sonu, Anil and Ravinder, (hereafter referred to by their names) impugn a judgment and order of the Additional Sessions Judge, Karkardooma Delhi, dated 18.03.2006, in SC No. 79/2005 whereby they were convicted for committing the offences punishable under Sections 396 and 400 IPC and sentenced to life imprisonment. They were sentenced to 7 years rigorous imprisonment with Rs.1000/ -fine for the offence under Section 201 IPC and in default of payment of fine, further simple imprisonment for one month. Further, for the offence under Section 450 IPC they were sentenced to 7 years rigorous imprisonment with a fine of Rs.1000, and in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) A dacoity was committed at House No.B -98, Lane No.7, Phase -10 Ganga Vihar, Delhi. The premises belonged to Sh. Devi Saran. The incident occurred in the intervening night of 22/23.09.1998 during which he was killed. FIR No.703/98 was registered in Police Station Gokul Puri on 23.09.1998 under Sections 452/307/324/34 IPC against unknown persons, on the written complaint of his wife. On completion of investigation, a charge -sheet was filed U/s 452/323/307/34 IPC against one Narender Gaur, a neighbor of the deceased. The said accused was discharged on 10.09.1999 by a learned Additional Sessions Judge. In the meanwhile, in another matter, (which was handed over to CBI by the this Court on 15.03.1999 -in respect of FIR No.606/98 of Police Station Gokul Puri), during investigation, the agency, i.e. CBI came to know about involvement of a gang led by Satender @ Bawa; at its request, this Court transferred further investigations in the present case to CBI by its order dated 14.12.1999. The CBI registered the present case under Sections 452/342/307/34 IPC on 11.01.2000 and after completion of investigation, a charge -sheet was filed under Sections 450/396/398/400/201/120B IPC and also under Sections 25/27 Arms Act r/w Section 120B IPC.

(3.) THE present Appellants were charged on 03.05.2001 for committing offences punishable under Sections 450/396/400/201 IPC on the ground that they along with co -accused Yusuf (who was declared PO) in the night intervening 22/23.09.1998 committed house trespass by entering into House No. B -98, Lane No.7, Phase -10, Ganga Vihar, Delhi. The house belonged to Devi Saran, Constable/ Driver of Delhi Police; it was alleged that they committed dacoity. During the commission of the offence, they allegedly, murdered Devi Saran while they were armed with deadly weapons namely knives/ chhuries and Katta. It was alleged that they were part of to a gang habitually committing dacoity. It was alleged that after committing the offences, they disposed of their blood stained clothes, bathed and concealed weapons used in the commission of offence with a view to shield themselves and caused evidence to disappear. The prosecution examined 88 witnesses, apart from placing reliance on several exhibits, to bring home the Appellants' guilt. After considering the evidence, and hearing submissions, the Trial Court convicted the Appellants, and sentenced them to undergo imprisonment for the terms indicated in the earlier part of this judgment.