JAVED @ BHURA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THE appellant Javed @ Bhura impugns the judgment dated 11.03.2010 in Sessions Case No.48/2009 arising out of FIR No.12/2007 registered at Police Station New Usman Pur by which he was convicted for committing offence punishable under Sections 394/397/34 IPC and sentenced to undergo RI for seven years with total fine of Rs.6,000.00.

(2.) ALLEGATIONS against the accused were that on 05.01.2007 at about 09:30 P.M. in House No.T-187, Gali No.2, Gautam Puri, he with his associate Naeem committed robbery and deprived Ram Niwas and his wife of Rs.2,000.00 and ear-rings. The case was registered on the statement of the victim Ram Niwas. During the course of investigation, both the accused were arrested on different dates. One country made pistol was recovered from co-convict Naeem. Pursuant to disclosure statement, he recovered ear-rings. The Investigating Officer recorded statements of the concerned witnesses conversant with facts. On completion of the investigation, a charge-sheet was submitted against the accused and co- convict Naeem. The prosecution examined 13 witnesses to prove the charges. In his statement under Section 313 Cr.P.C., the accused pleaded innocence and stated that he was falsely implicated when he declined to be the informer of the police. On appreciating the evidence and considering the rival contentions of the parties, the appellant and co- convict Naeem were held guilty under Sections 394/397 IPC and sentenced accordingly. Being aggrieved, the appellant has preferred the present appeal. It is relevant to note that co-convict Naeem had also preferred a separate appeal challenging the impugned judgment. Learned Additional Public Prosecutor informed that the appeal preferred by co- convict Naeem has since been dismissed by this court.

(3.) I have considered the submissions of the parties and have examined the record. The incident occurred on 05.01.2007 at about 09:30 P.M. in the house of the complainant-Ram Niwas. He sustained injuries and was taken to Guru Teg Bahadur hospital. Daily Dairy (DD) No.27A (Ex.PW-7/A) was recorded at police station New Usman Pur at 10.12 P.M. on getting an information that 3-4 assailants fled after snatching money from House No. T-187, Gali No.2, Gautam Puri. The investigation was assigned to ASI Jawahar Singh. He recorded the statement of the complainant-Ram Niwas and sent rukka on the night intervening 5/6.01.2007 at 01:15 A.M. In the statement the victim disclosed that three assailants in the age group of 22-25 entered in the house and robbed them at the point of kattas and ustra (razor). They also caused injuries to him. There was no delay in lodging the First Information Report with the police. It rules out fabrication of any false story.