MOHD. SHAHID Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) BY way of present appeal, a challenge has been made to the judgement dated 25th May, 2010 passed by ld.Addl. Sessions Judge, Delhi whereby the appellant and the co -accused have been convicted for the offence punishable u/s 394 & 397 IPC read with section 392 IPC and the order of sentence dated 26th May, 2010 whereby the appellant has been sentenced to undergo RI for 7 years for the offence u/s 397 r/w 392 IPC and a fine of Rs.10,000/ - and in default to undergo SI for one year. Appellant and co -accused have been further sentenced to undergo RI for seven years u/s 394 IPC and a fine of Rs.10000/ - and in default of fine, to further undergo SI for one month. It has further been ordered that both the sentences will run concurrently.

(2.) THE allegations against the appellant are that on 21 st February, 2008, one Nitin Mehta lodged FIR Ex.PW 6/B in police station Ashok Vihar wherein it is stated that on the aforesaid day at about 5 pm, he was sitting in the Ashoka Park after having stroll. A neighbourer Mr.Manmohan Bhasin, PW -2 came there and asked for availability of his car and told that Mr.S.K.Chadha i.e., victim of the present case had received injuries. As he was not having keys of the car, Mr.Bhasin, PW -2 brought his car. The injured S.K.Chadha was taken to the clinic of Dr.Singla. On the way, Mr.S.K.Chadha told that near Maharaja Aggarsen School, two boys came from behind and assaulted him with a blade and robbed him of his wallet containing Rs.800/ -. As the clinic of Dr.Singla was closed, they had taken him to Sunder Lal Jain Hospital. Police also arrived there on receipt of information vide DD no21, Police Post JJ Colony, Wazirpur. The deceased at that time was in ICU. On the basis of statement Mr.Nitin Mehta, PW -4m FIR Ex.PW 6/B was registered u/s 394/34 IPC Police Station Ashok Vihar.

(3.) BEFORE the Sessions court, charges were framed against the appellant and the co -accused for having committed offence punishable u/s 394/34 IPC, 397 read with section 392 IPC. Alternatively charge u/s 304 Part II IPC was also framed. Appellant pleaded not guilty and claimed trial.