LAWS(DLH)-2013-12-292

SURINDER @ VICKY Vs. STATE

Decided On December 18, 2013
Surinder @ Vicky Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Surinder @ Vicky (the appellant) questions the correctness and legality of a judgment dated 09.06.2003 of learned Addl. Sessions Judge in Sessions Case No. 33/2001 arising out of FIR No. 42/2001 PS Mangol Puri whereby he was held guilty for committing offence under Section 392 IPC and by an order dated 04.07.2003 awarded RI for four years with fine Rs. 2,000/-.

(2.) Allegations against the appellant were that on 13.01.2001 at about 06.45 P.M. he and his associates Dharmender @ Chotu, Vikas and Sanju robbed Jitender and deprived him of cash Rs. 1,000/- and other articles. Some of the assailants were armed with weapons. 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 all of them; they were duly charged and brought to trial. The prosecution examined five witnesses to establish their guilt. In their 313 statements, the accused persons pleaded false implication. The trial resulted in their conviction.

(3.) During the course of arguments, appellant's counsel on instructions stated at Bar that the appellant has opted not to challenge his conviction under Section 392 IPC and accepts it voluntarily. He, however, prayed to take lenient view as the appellant has remained in custody in this case for more than two years prior to enlargement on bail. He was earlier involved in case FIR No. 41/2001 under Section 25 Arms Act PS Mangol Puri in which he has been acquitted. Learned Addl. Public Prosecutor has no objection to modify the sentence order accordingly.