SHAHNAWAZ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By the present appeals, the Appellants lay a challenge to the judgment dated 21 st August, 2001 passed by learned Additional Sessions Judge convicting the Appellants for offences punishable under Sections 452/395/397/34 IPC and Section 27 of Arms Act and order on sentence dated 21 st August, 2011 whereby Appellants were sentenced to undergo Rigorous Imprisonment for 3 years and a fine of Rs. 1,000/-, in default of payment of fine to further undergo Rigorous Imprisonment for one month for offences punishable under Section 452 IPC., Rigorous Imprisonment of 7 years and fine of Rs. 1,000/-, in default of payment of fine to undergo Rigorous Imprisonment of one month under Section 397 IPC. Appellant Salim was also sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs, 500/- and in default of payment of fine to undergo Rigorous Imprisonment of 15 days for offence punishable under Section 27 Arms Act.

(2.) Briefly the prosecution case is that on 8 th July, 1999 at about 2:45 p.m. 5/6 persons entered shop no. C-217, Gali No. 9, Chauhan Banager of Jugal Kishore and robbed one gold Kada, 2 gold Rings and Rs.20,000/- in cash. They used knife and country made pistol at the time of commission of the crime. The Complainant Jugal Kishore was taken to GTB Hospital from where the Police was informed. During investigation, accused Pradeep and Irfan @ Babloo were arrested on 18 th July, 1999 in case FIR No. 395/1999 under Sections 186/353/332/506/34 IPC at PS Seelampur. During interrogation in the said case they made a disclosure statement wherein they disclosed their involvement in the present case. Thereafter they were arrested in the present case. The Appellants in their disclosure statement pointed out the place of occurrence and the place of concealing of knife. On 29 th July, 1999, accused Salim was arrested on the basis of secret information and he made a disclosure statement and pursuant thereto got recovered a buttandar knife. He also pointed the place of occurrence and got co-accused Shahnawaj arrested on 29 th July, 1999. On the basis of disclosure made by Salim and Shahnawaz, accused Ashraf was arrested on 21 st August, 1999. TIP of the accused persons was conducted and they were identified by PWs Inderjit and Kanwar Pal. After completion of investigation, charge sheet was filed. The learned Trial Court after recording the statement of the prosecution witnesses and the accused under Section 313 Cr.P.C. convicted and sentenced the Appellants as above.

(3.) Learned counsel for the Appellant Sahnawaz contends that none of the Appellants was arrested on the spot. Sahnawaz was arrested on 29 th July, 1999 on the disclosure of co-accused Salim who was already in police custody in another case FIR No. 395/1999. The injury on the person of the complainant is not corroborated by the medical evidence placed on record. Further the bloodstained shirt of the complainant with cut marks was not seized. There is no recovery of knife/katta from the Appellant nor is any money/ring alleged to have been robbed recovered. It is contended that the identification of the Appellant is doubtful as there are contradictions in the testimony of the witnesses in this regard. PW4 in his testimony before the Court has accepted that the Investigating Officer had shown him 2-4 photographs and asked him to state what he had narrated to him. There was no use of deadly weapon by the Appellant at the time of commission of the alleged offence. Thus the provisions of Section 397 IPC are not attracted.