SANJAY @ ROHTASH Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) SANJAY @ Rohtash (the appellant) challenges a judgment dated 15.09.2010 in Sessions Case No. 47/2007 arising out of FIR No. 361/2007 PS Subzi Mandi by which he was held guilty for committing offences punishable under Section 120B IPC, 395 read with Section 397 IPC and under Section 25/27 Arms Act. By an order dated 23.09.2010, he was sentenced to undergo RI for seven years with fine Rs. 5,000/- under Section 120B IPC, seven years with fine Rs. 5,000/- under Section 395 read with Section 397 IPC and two years with fine Rs. 1,000/- under Section 25/27 Arms Act.

(2.) ALLEGATIONS against the appellant were that on 20.07.2007, at Sonu's jhuggi at Basti Seelampur, he, Hari Om, Sonu, Kalu @ Saleem and Mahender Singh entered into a criminal conspiracy to rob the complainant Ashok Kumar Jain. On 25.07.2007 at about 08.10 P.M. at Anand Service Station, near petrol pump, Malka Ganj, Subji Mandi they pursuant to the criminal conspiracy committed dacoity and robbed Ashok Kumar Jain of bag containing Rs. 2,50,000/-, documents, mobile No. 9810212250 and Santro Car bearing No. DL-2CW-8053. The assailants were armed with deadly weapons and they used it to commit the dacoity. The Investigating Officer lodged First Information Report after recording complainant ­ Ashok Kumar Jain's statement in which he disclosed that on 25.07.2007 at about 07.50 P.M. he was present in Santro Car being driven by accused Mahender Singh and was returning from his shop. The car was stopped at Malka Ganj Petrol Pump for fuelling. Thereafter, Mahender Singh started the vehicle. He again stopped it after about 4/5 paces on the pretext of bearing seatbelt. In the meantime, the assailants forcibly entered inside the car through the rear doors. Kalu was having a knife in his hand while Sonu and co-accused were having country made pistols. They asked the driver to take the vehicle to Alipur by-pass. The vehicle was taken there and stopped. Rs. 20,000/- to Rs. 25,000/- and other articles were robbed from the victim. Thereafter, the victim and his servant Raj Kumar were forced to get down from the vehicle. Battery of the mobile phone was removed so that it could not be used by the victim. Thereafter, the assailants took Mahender with them in the said Santro car. During the course of investigation, Hari Om was apprehended on the basis of secret information and his disclosure statement was recorded. Rs. 35,000/- cash was recovered and seized. The other assailants were apprehended and part of the cash looted, pistol and churi were recovered from their possession. Applications were moved for holding TIP proceedings but the accused persons declined to participate in the TIP proceedings. After completion of investigation, a charge-sheet was submitted against the five assailants in the Court. The prosecution examined eighteen witnesses. In their 313 statements, the accused persons pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held all of them guilty for the offences mentioned previously and sentenced them.

(3.) CONSIDERATION . He was apprehended on 01.08.2007 when co-convict Hari Om led the police team to Seelampur and pointed at him. Complainant ­ Ashok Kumar Jain was also with the police and identified him as one of the assailants. PW- 18 (SI Bharat Bhushan) recorded his disclosure statement (Ex.PW-7/E). Pursuant to disclosure statement Rs. 80,000/- along with some visiting cards were recovered from a trunk box and seized vide seizure memo (Ex.PW-7/F). He further led the police team near a boundary wall ahead of Unsmanpur Police Station and recovered one loaded katta from inside the garbage. It was unloaded and one cartridge was recovered out of it. The necessary proceedings were conducted vide memos (Ex.PW-7/G & Ex.PW-7/H). On 09.08.2007, PW-18 (SI Bharat Bhushan) moved application for holding TIP proceedings for the appellant but he refused to join it.