RAM GOPAL Vs. STATE (NCT, DELHI)

JUDGEMENT

(1.) THE appellant- Ram Gopal 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. 5,000.00.

(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.) LEARNED counsel for the appellant urged that the Trial Court did not appreciate the evidence in its true and proper perspective. There was no cogent and reliable evidence against the accused to convict him for the incident. The Trial Court did not consider the vital discrepancies and contradictions in the statements of the prosecution witnesses. Learned APP urged that Ram Gopal was named in the statement (Ex.PW-1/A), made to the police at the first instances. Complainant- Vinod Kumar Bansal had no animosity to falsely implicate him in this case. Wrist watch robbed from the house of the complainant was recovered from his possession.