RATI RAM Vs. STATE

JUDGEMENT

(1.) CHARGE against the appellant Rati Ram and Leela Ram @ Leelu is that they along with other co-accused (seven in all) conjointly committed robbery of the property i.e. silver medal, tow gold rings, gold bangles, cash, clothes and other gold ornaments belonging to Savita Mehta and Mr. N.C. Mehta on the night intervening 6th and 7th August, 1983 at A-228, Defence Colony, New Delhi occupied by Mr. N.C. Mehta and his family members and while committing this offence they were armed with deadly weapons and they made use of the same and also caused grievous hurt to Mr. N.C. Mehta, PW1 his wife Savita Mehta PW2 and his son Arvind Mehta, PW4.

(2.) LEELA Ram, Rati Ram, Deep Chand and Randhir who were arrested were challaned and prosecuted u/Section 395 read with Section 397, whereas Puran, Ram Chand and Vidya Ram, the co-accused could not be arrested and as such they were declared proclaimed offenders. Challan against them was filed under Section (sic) Cr.P.C.

(3.) THE trial court i.e Addl. Sessions Judge, New Delhi, after appreciating the evidence on record and discussing the relevant provisions of law acquitted co-accused Deep Chand and Randhir as their identity could not be established. However, Rati Ram and Leela Ram were found guilty of the offence under Section 395 and read with Section 397 IPC and they were convicted for the said offence by the judgment dated 11.7.1989. After giving an opportunity of hearing, the learned Addl. Sessions Judge, sentenced them to ten years rigorous imprisonment each and a fine of Rs. 2000/- each and in default of payment of fine further six months RI. The period already undergone by them in custody was ordered to be set off.