RAJESH GUPTA Vs. STATE

JUDGEMENT

(1.) Challenge in these appeals is to the judgment dated 30.10.2009 and order on sentence dated 06.11.2009 arising out of Sessions Case No.76/2005 in case FIR No. 631/2004 u/s 392/394/397/452/506 (ii)/342/34 IPC & 25/27 Arms Act vide which the accused were held guilty for all the offences and were sentenced as under:-

(2.) Prosecution case emanates from the fact that on 27.11.2004, at about 8.15 p.m, both the appellants along with their third associate entered the house of complainant Savita Bhola at III Floor, A-12, Pandav Nagar, Delhi and committed robbery on pointing out a country made pistol and robbed her of her gold jewellery. The two accused were apprehended while they tried to flee away, below the house, by the public persons who gave severe beatings to them. The husband of the complainant also reached the spot and recovered one loaded country made pistol from the pant of accused Pankaj and four live cartridges from accused Rajesh. PCR also reached the spot and took the accused to L.B.S. Hospital. Local police arrived and took the complainant and her husband to L.B.S.Hospital where the statement of complainant was recorded, which culminated in registration of FIR against the accused persons. One sweater, muffler and a kitchen knife was also recovered from the dining room of the house of the complainant while one half sleeve sweater was recovered from the stair case. Same were seized. One gold pendent and one silver jhumka belonging to the complainant were also recovered from accused Rajesh and Pankaj respectively by the duty constable during their medical examination at the hospital. The country made pistol and cartridges were sent to CFSL, Hyderabad. Permission under Section 39 Arms Act was obtained from DCP (East). After completing investigation, charge-sheet was submitted against the accused persons

(3.) Initially on 19.05.2005, charge for offence u/s 392/394/397/34 IPC was framed against the accused persons. Subsequently on 27.01.2006, additional charge u/s 452/506(ii)/342/34 IPC read with Section 25/27 Arms Act was also framed. Accused pleaded not guilty to the charge and claimed trial.