JAI VEER SINGH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 26.03.2003 and the order on sentence dated 31.03.2003 arising out of Sessions Case No.133/96 in case FIR 310/94 u/s 392/397/34 IPC, P.S. Okhla Industrial Area, vide which the appellant along with his co-accused was held guilty of offence u/s 392 read with Section 34 IPC and was sentenced to undergo 27 months rigorous imprisonment and to pay a fine of Rs.500/- each, in default of payment of fine to undergo simple imprisonment for 15 days.

(2.) Prosecution case emanates from the fact that on 8.10.1994, ASI Shiv Singh (PW7) along with Ct. Anand Kumar (PW3) and Ct. Brahm Singh reached Shyam Nagar at about 11.50 a.m where the complainant Ravinder Chetwani (PW1) met them and gave his statement, Ex.PW 1/A regarding commission of robbery of Rs.1,50,000/-. Endorsement Ex. PW 7/A was made by ASI Shiv Singh and the same was sent through Ct. Anand Kumar to police station on the basis of which FIR Ex.PW 2/B was recorded by Ct. Itwari Singh (PW2).

(3.) It is further the case of prosecution that on 03.02.1995, SI Vimal Kishore Tripathi (PW9) posted at Spl. Staff South District interrogated two accused Ramesh Kumar and Jai Veer Singh who were arrested in case FIR No. 220/94 u/s 457/380 IPC P.S. Mehrauli and recorded their disclosure statements. In pursuance thereof, accused Ramesh got recovered Rs.50,000/- along with gold ornaments whereas accused Jai Veer Singh got recovered Rs.15,000. Insp. Narender Singh (PW10), on receipt of investigation of this case, formally arrested the accused person. The accused refused to join test identification proceedings. After completing investigation, charge- sheet was submitted against them in the Court of learned Metropolitan Magistrate who committed the case to the Court of Sessions since offence u/s 397 IPC was triable by a Court of Sessions.