DHARMENDER Vs. STATE

JUDGEMENT

(1.) DHARMENDER (the appellant) has preferred the appeal to impugn conviction by a judgment dated 20.10.2010 of learned Additional Sessions Judge in Sessions Case No.97/2009 arising out of FIR No.209/2003 registered at Police Station Keshav Puram by which he was held guilty for committing offence under Section 394 read with 397 IPC. By an order dated 23.10.2010, he was directed to undergo RI for seven years and four months with total fine Rs.5,000/-.

(2.) ALLEGATIONS against the appellant were that on 20.06.2003 at about 09.45 P.M. at Road No.37, near Bus Stand, Tri Nagar, he, Praveen @ Chilli, Sanjay and Deepak robbed Mukesh Aggarwal of a gold chain weighing about two and a half tolas, purse containing Rs.1,000/-, driving license, an ATM and visiting cards. The assailants were armed with sharp weapons and caused injuries to Mukesh Aggarwal. Daily Dairy (DD No.24-B) was recorded and assigned to SI Naresh Bhatia who went to the spot. Mukesh Aggarwal was taken to BJRM hospital and was medically examined. The Investigating Officer lodged First Information Report after recording his statement (Ex.PW-1/A). Attempts were made to find out the two assailants but in vain. On 27.06.2003, Praveen @ Chilli was apprehended, arrested and was found in possession of a knife for which a case FIR No.215/2003 was registered at Police Station Keshav Puram. During the course of investigation, Sanjay and Deepak were apprehended and their disclosure statements were recorded. Dharmender could not be apprehended and was declared Proclaimed Offender. Later on, he was arrested in FIR No.150/2004 under Section 25 Arms Act registered at Police Station Keshav Puram on 21.03.2004. The Investigating Officer recorded the statements of witnesses conversant with facts at different stage of investigation and after completion of investigation a charge-sheet was submitted against all of them in the court. They were duly charged and brought to trial. The prosecution examined 15 witnesses to establish their guilt. In their 313 statements, the accused persons pleaded false implication. After considering the rival contentions of the parties and appreciating the evidence, the Trial Court, by the impugned judgment convicted Dharmender and Praveen and acquitted Deepak and Sanjay of all charges. It appears that Praveen has not challenged the conviction as he had already completed the sentence period at the time of delivery of the impugned judgment.

(3.) I have considered the submissions of the parties and have examined the record. The occurrence took place at around 09.45 P.M. on 20.06.2003. The police machinery was set into motion and DD No.24B was recorded at Police Post, Shanti Nagar and assigned to PW-13 (SI Naresh Bhatia). The injured was taken to BJRM hospital and was medically examined. MLC (Ex.PW-6/A) records time of arrival of the After recording the complainant's statement patient as 11.35 P.M.