DEEPAK Vs. STATE

JUDGEMENT

(1.) THE Appellants in the present appeals lay challenge to judgment dated 15th May, 2000 convicting them for offences punishable under Section 395/34 IPC and order on sentence dated 24th May, 2000 whereby they were directed to undergo rigorous imprisonment for 8 years and fine of Rs. 5000/- each and in default of payment of fine to further undergo simple imprisonment for six months.

(2.) BRIEFLY the prosecution case is that on 21st October, 1995 one Varinder Lal Khanna along with his wife Sanjogita Khanna was coming in his Maruti Van No. DDA 2005 from Railways club to their house and at about 1.30 AM when they reached at Africa Avenue Road near Railways Bridge, Chanakya Puri, New Delhi, three-four people stopped their Van. They stated that one of their colleagues has met with an accident and asked for a lift. When Varinder Lal Khanna and Smt. Sanjogita Khanna told them that they are just going nearby, all of them surrounded them, opened the door of the maruti car and thereafter snatched one gold chain, two gold kadas (Bangles), one pair gold ear ring, one ring, Rs.5000/- in cash, a purse containing Rs. 800/- and ran away from the spot. Out of the accused persons, one of them was having a knife. On the basis of this statement of Varinder Lal Khanna, FIR No. 544/1995 under Section 392/34 IPC was registered at PS Sarojini Nagar. During investigation it was found that 6-7 persons were involved in the incident, and thus Section 395 IPC was added. S.I. Ranbir Singh investigated the case and searched for the accused persons. On 3 rd November, 1995 he received secret information that 3-4 persons, who used to indulge in the dacoity, were sitting in Sanjay Park. He reached Sanjay Park and apprehended them. On enquiry, their names were revealed as Vajinder, Siya Ram, Raju @ Mamraj and Deepak Rawat. During the course of investigation, the aforesaid accused persons made disclosure statements about this offence and that Wilson Danial, Sanjay @ Tilakdhari and Pawan @ Rahul were also involved in the said dacoity case. Thereafter they reached Netaji Nagar in search of other accused persons where mother of accused Wilson Danial namely Smt. Bimla met them. On enquiry, Smt. Bimla Devi told that on 21st October, 1995 six-seven persons on the aforesaid date came to her house at Mayur Vihar, and they gave her a gold chain including some articles. On further investigation Smt. Bimla made disclosure that she had given gold chain at the shop of Mehra Sons Jewellers, South Extension II, New Delhi for repairing. Thereafter, the said gold chain was got recovered and some other articles were also taken into possession from the house of accused Bimla. All the four accused persons refused to join the TIP. Thereafter on 13.12.95, other accused Pawan @ Rahul was arrested in FIR No. 688/95. During the investigation he made disclosure statement with regard to his involvement in the present case. Accused Pawan also refused to join the TIP. On 3rd January, 1995 accused Sanjay @ Tilakdhari was also arrested on secret information who too refused to join the TIP. Accused Wilson Danial was also arrested and he also refused to join the TIP. During interrogation, disclosure statements were recorded and recovery of the articles were got effected at the instance of the accused persons. After completion of the investigation, charge-sheet under Section 395/34 and 412 IPC was filed in the Court. After recording the statements of prosecution witnesses and statement of accused persons under Section 313 Cr.P.C., learned Trial Court convicted the accused persons as mentioned above. The Petitioners and accused Bimla filed appeals against the conviction and sentenced awarded. However, the appeal of Bimla being Crl.A.337/2000 stood abated as she expired during the pendency of the appeal.

(3.) I have heard learned counsel for parties and perused the record.