KAMAL SINGH @ KALU Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellants- Kamal Singh @ Kalu (A-1) and Mahender @ Lamboo (A-2) have preferred the present appeals against the judgment dated 29.01.2011 and order on sentence dated 01.02.2011 of learned Additional Sessions Judge in Sessions Case No.348/2007 by which they were held guilty and convicted for committing offences punishable under Section 186/353/307/34 IPC. A-2 was further convicted under Section 27 of the Arms Act. Both the appellants were sentenced to undergo RI for three months under Section 186; RI for two years under Section 353 and RI for four years under Section 307 IPC with fine of Rs. 5,000/-, each and in default of payment of fine to undergo SI for five months each. A-2 was further sentenced to undergo RI for three years with fine of Rs. 3,000/- and in default of payment of fine to undergo SI for three months under Section 27 of the Arms Act. All the sentences were directed to run concurrently.

(2.) On 04.11.2005, HC Sushil Kumar and Const.Virender Kumar were on patrolling duty near railway lines Industrial Area, Phase-I Mangol Puri. Allegations against the accused are that they were present with their motorcycle No.DL-8S AF-0471 there. At about 06.45 P.M. when HC Sushil Kumar and Const.Virender reached the spot, A-2 took out a katta from the dub of the pant and asked them to hand over what they had.

(3.) The prosecution examined nine witnesses in all to prove the charges against the appellants. They pleaded not guilty and claimed that they were falsely implicated in this case. After appreciating the evidence on record and considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted the appellants. Being aggrieved the appellants have preferred the appeals.