CHOTTEY LAL Vs. STATE

JUDGEMENT

(1.) THE appellant Chottey Lal challenges conviction under Section 397/34 IPC in Sessions Case No.97/1998 arising out of FIR No. 166/1994 PS Vivek Vihar. Vide order dated 07.09.1999, he was sentenced to undergo RI for seven years with fine Rs. 5,000/ .

(2.) ON the night intervening 13/14.06.1994, Daily Diary (DD) was recorded at Police Post Anaj Mandi on getting information of dacoity in House No.5/34, Bara Bazar, Shahdara. SI Surender Dev with police staff went to the spot. He recorded statement of Vinod Kumar Bansal who disclosed that at around 03.00 A.M., five boys entered the house; two were having knives; two were armed with iron rod and one was having iron punja. He named Ram Gopal @ Kalia who used to work in an adjacent shop at Lahori Gate, Delhi as one of the assailants. He assigned specific role to him i.e. he pointed out knife at his neck and demanded keys from his wife. They were threatened by the assailants. Jewellery and cash was robbed. VCP and stereo deck were recovered from Chottey Lal who was apprehended near the spot. Other assailants fled the spot.

(3.) NOMINAL roll dated 19.09.2013 reveals that Chottey Lal has undergone incarceration for six years, three months and seventeen days. He also earned remission for two months and twenty seven days as on 22.08.2013. The unexpired portion of sentence was five months and 16 days as on 22.08.2013. He is not involved in any criminal case and has clean antecedents. His overall jail conduct was satisfactory. He was released on regular bail on 22.08.2013. The offence has since altered to Section 392 IPC only. Considering all these facts and circumstances of the case the appellant Chottey Lal is sentenced to undergo the period already spent by him in this case.