DINESH TIWARI ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) THE present appeal is filed against the impugned judgment dated 3rd June, 2000 passed in Sessions Case Nos.97/98, 95/98 and 96/98 by the learned Addl. Sessions Judge, Shahdara arising out of FIR No.580/95 P.S Seelam Pur u/s 394/397/302/34 IPC and FIR nos.382 & 383/1995 P.S Mandir Marg u/s 25 of the Arms Act against the present appellant i.e., Dinesh Tiwari and two other accused persons Dharmender Kumar Yadav and Beer Singh wherein the present appellant and two co-accused persons have been convicted for the offence punishable u/s 392 read with section 34 IPC. The appellant Dinesh Tiwari has also been convicted for the offence punishable u/s 397 and 302 of IPC. The appeal is also directed against the order of sentence dated 12th June, 2000 whereby appellant Dinesh Tiwari has been sentenced to imprisonment for life and to pay a fine of Rs.1000/- under section 302 IPC and in default of payment of fine to further undergo RI for three months. For committing the offence u/s 392 read with section 397 IPC, appellant Dinesh Tiwari has been sentenced to undergo RI for seven years with fine of Rs.1000/- and in default of payment of fine to undergo RI for a period of three months. It has been further ordered that both the sentences awarded to the appellant shall run concurrently. For committing the offence u/s 392 read with section 397 IPC, accused Beer Singh and Dharamender Kumar Yadav have been sentenced to undergo RI for five years with fine of Rs.1000/- each and in default of fine to undergo RI for a period of three months each. The present appeal is preferred only by appellant Dinesh Tiwari.

(2.) THE prosecution case is based on statement Ex.PW 3/A which was made by Vikas Gupta PW-3 to ASI Mahavir Singh, PW-31 on 6.9.1995 at St.Stephens Hospital on the basis of which FIR Ex.PW 8/A was registered. It is alleged that on the relevant date Vikas Gupta, PW-3 was working with his uncle Ashok Gupta, PW-12 who was having a factory at Gorakh Park, Shahdara. The deceased On 6th Sanjeev Kumar Sharma was Supervisor in the said factory. September, 1995, on the instruction of Ashok Gupta, PW-12 he had gone with deceased Sanjeev Kumar Sharma to M/s Bajrang Traders at Basti Harphool Singh, Sadar Bazar, Delhi on a two wheeler scooter no.DL2S B 2406 Ex. P4 to collect a sum of Rs.3 lacs. A sum of Rs.20000/- was already with them, which they had taken to purchase goods for the factory. They had collected money from Vijay Golcha (PW 5) and had put the same in a cloth bag which was then kept in the dicky of the scooter Ex.P4. At that time a procession was going through the market, due to which they could not purchase goods for their factory. At about 5.30 pm, they had left for West Gorakh Park, Shahdara on their scooter. At about 6.30 pm, when they had reached ISBT bridge via Filmistan, three boys came on a two wheeler scooter and directed them to stop their scooter Ex.P4. Those boys also stopped their scooter in front of their scooter Ex.P4. One boy was driving the said scooter and the other two boys were on the pillion seat. The pillion riders alighted from the scooter and came near their scooter Ex.P4. One of them asked deceased Sanjeev Kumar Sharma to leave his scooter Ex.P4. When he refused, one of them took out a countrymade pistol and fired at him. As a result thereof, he fell down from the scooter Ex.P4. Thereupon one who had fired at the deceased took control of his scooter Ex.P4 having the money bag in the dicky and ran away from the spot. The other two boys also ran away from the spot.

(3.) ON 12.10.1995, a secret information was received by Insp. Iswar Singh (PW 34) concerning the robbery at Sadar Bazar. Thereupon he organized a raiding party comprising of himself (PW 34), SI K.L.Yadav (PW14), SI Vidhya Dhar (PW 22) and SI Karan and reached the informed place i.e. at R.K.Ashram marg. At about 5.40 pm on the pointing out by the secret informer, they had stopped one scooter DL 7S 7841 which was driven by appellant Dinesh Tiwari and co-accused Beer Singh and one Hoshiar Singh were pillion riders. On their search, a loaded country made pistol was recovered from each of them. Three cartridges of .315 bore were recovered from the appellant as well as Beer Singh. Two were recovered from Hoshiar Singh. The said scooter was seized vide seizure memo Ex. PW22/C. The proceedings in this regard were conducted by SI K.L.Yadav (PW 14), SI Vidhya Dhar (PW 22) and SI Karan respectively. At that very time, an urgent message was received and Inspector Ishwar Singh (PW 34) had left the spot.