LAWS(DLH)-2013-7-599

SAMEER @ SONU & ANR. Vs. STATE

Decided On July 25, 2013
Sameer @ Sonu Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Sameer @ Sonu (A-1) and Raj Kumar (A-2) challenge a judgment dated 30.03.2012 of learned Additional Sessions Judge in Sessions Case No. 122/2011 arising out of FIR No. 158/2007 PS Civil Lines by which they were convicted under Section 395 IPC and sentenced to undergo RI for five years with fine Rs. 5,000/- each.

(2.) Allegations against the appellants were that on 26.06.2007 at about 03.15 A.M. at Outer Ring Road near CNG Pump, Chandgiram Akhara, Delhi they with their associates Vikram @ Ganja, Ashok and Amit committed dacoity of 28 bags of plastic raw material (plastic dana) loaded in Tempo No. DL-1LH-4864 driven by Jahangir Ali. Vikram @ Ganja was armed with a knife and it was used by him while committing dacoity. Saleem @ Khan was arrested for receiving robbed articles under Section 412 IPC. During the course of investigation, statements of the witnesses conversant with the facts were recorded. The accused persons were arrested. After completion of investigation, a charge-sheet was submitted against the appellants. The prosecution examined fourteen witnesses. In their 313 statements, the appellants pleaded false implication. After considering the rival contentions of the parties and appreciating the evidence on record, the Trial Court, by the impugned judgment, held the appellants guilty for the offence mentioned previously and sentenced them accordingly. Being aggrieved, they have preferred the appeal.

(3.) During the course of hearing, appellants' counsel on instructions from them (they were present in custody pursuant to production warrants) stated at Bar that they have opted not to challenge their conviction under Section 395 IPC and accept it voluntarily. He however, prayed to take lenient view as the appellants have already undergone substantial period of sentence awarded to them and are not previous convicts.