KARAN SINGH @ DEVA Vs. STATE

JUDGEMENT

(1.) Karan Singh @ Deva impugns conviction in Sessions Case No.39/2008 arising out of FIR No.64/2004 registered at Police Station Bara Hindu Rao by which he was held guilty for committing offences punishable under Section 120-B/392/397 IPC and sentenced to undergo RI for seven years.

(2.) Allegations against the accused were that on 13.06.2008 at about 05.00 A.M. opposite shop No.T-736, Tyre Market, Azad Market, DCM Road in pursuance of criminal conspiracy Karan singh @ Deva and his associate Mukesh @ Mukka, Chandan @ Babar and Mohd.Wasim robbed Rs. 2,500/-, visiting cards and mobile phone no.9212421161 from the complainant-Manoj Kumar. They also robbed Rs. 3,500/-, railway tickets from Deepak Sharma (PW-1). They were armed with knives at the time of committing robbery and used deadly weapons to deprive the complainant-Manoj Kumar and Deepak of their valuable articles. During the course of investigation, statements of witnesses conversant with facts were recorded. The accused persons were arrested. The Investigating Officer moved applications for conducting Test Identification Parade. The accused declined to participate in the TIP. Robbed articles were recovered at the instance of the accused. After completion of investigation a charge-sheet was submitted against them in the Court. They were duly charged and brought to trial. The prosecution examined 26 witnesses. In their statement under Section 313 Cr.P.C. the accused pleaded false implication. On appreciating the evidence and considering the rival submissions of the parties, the Trial court, by the impugned judgment convicted the appellant-Karan Singh @ Deva and his associates Mukesh @ Mukka, Chandan @ Babar. Mohd. Wasim was acquitted of all the charges. Being aggrieved, the appellant has preferred the appeal.

(3.) Learned counsel for the appellant urged that the Trial Court did not appreciate the evidence in its true and proper perspective. The accused were shown to the prosecution witnesses. In the police station, they their sketches were prepared and photographs shown to witnesses. The accused were justified to decline participation in Test Identification Parade. The witnesses gave inconsistent version as to which of the accused used knife to rob them. The TCR was found abandoned. PW-12 (Mukesh Chand Sharma) turned hostile and did not support the prosecution. The robbed articles were not recovered in the presence of the complainant and Deepak. There was no specific mark of identification on the recovered currency notes. Learned APP for the State urged that the accused was identified by the complainant and PW-1 (Deepak Sharma) in the court. They had not animosity to implicate the accused falsely in the case.