VIPIN KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Appellants have been convicted under Sections 392/397/394 IPC; sentenced to undergo rigorous imprisonment for five years with fine of Rs. 2,000/- (Rupees Two Thousand Only) each under Sections 392/34 IPC and in default of payment of fine to undergo simple imprisonment for one month; sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 2,000/- (Rupees Two Thousand Only) each under Sections 397/34 IPC and in default of payment of fine to undergo simple imprisonment for one month; sentenced to undergo rigorous imprisonment for five years with fine of Rs. 2,000/- (Rupees Two Thousand Only) each under Sections 394/34 IPC and in default of payment of fine to undergo simple imprisonment for one month. Benefit of Section 428 Cr.P.C. has also been accorded to the appellants.

(2.) Aggrieved by their conviction as also the sentences handed down to them by trial court, appellants have preferred the above noted appeals, which have arisen from the same judgment, incident and the FIR and are disposed of together.

(3.) Prosecution story as unfolded is that on 21 st July, 2007 PW1 Kiran Devi was present in her house along with her daughter aged about ten months at first floor of House No. H-59, Harkesh Nagar, Okhla Industrial Area, New Delhi, when at about 2:30 PM appellants Nitin Kumar and Vipin Kumar (whose names were disclosed after their apprehension) along with their third accomplice came there and asked as to whether any room was available on rent; as she was conversing with them, appellant Nitin Kumar took out a katta, appellant Vipin Kumar took out an open knife and their third accomplice took out a chhura and forcibly entered in the room and bolted the door; appellant Nitin Kumar kept katta on her neck and threatened her that in case she raised alarm, she would be killed. Appellant Vipin Kumar put the knife on the neck of her child and said that she should handover all the valuables to them, failing which child would be killed. Vipin Kumar forcibly removed bangle and silver anklet from the person of child and when Kiran Devi resisted he caused injuries on her hand. Nitin Kumar forcibly removed the gold chain from the neck of Kiran. Third accomplice of the appellants took out the purse and a gold chain from the attachy of her husband. In the meanwhile, her husband Girish Nandan (PW6) arrived there, got door opened and raised alarm. Landlord Swaroop Singh and their neighbour Vinod Kumar arrived there and tried to apprehend the appellants at which appellant Vipin Kumar caused injuries on his left hand. Vinod with the help of two policemen, namely, Constable Balbir and Constable Anil, who were present near the spot, apprehended the appellants while their third accomplice succeeded in escaping after throwing the chhura. Anklets, bangles and knife were recovered from Vipin Kumar; country made pistol and gold chain were recovered from Nitin Kumar.