ASHOK Vs. STATE

JUDGEMENT

(1.) ASHOK (the appellant) challenges 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 he was convicted under Section 395 IPC and sentenced to undergo RI for five years with fine Rs. 5,000/-.

(2.) ALLEGATIONS against the appellant were that on 26.06.2007 at about 03.15 A.M. at Outer Ring Road near CNG Pump, Chandgiram Akhara, Delhi he with his associates Vikram @ Ganja, Sameer @ Sonu, Raj Kumar 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 appellant. The prosecution examined fourteen witnesses. In his 313 statement, the appellant 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 appellant guilty for the offence mentioned previously and sentenced him accordingly. Being aggrieved, he has preferred the appeal.

(3.) I have heard the learned counsel for the parties and have examined the record. Since the appellant has not opted to challenge findings of the Trial Court on conviction under Section 395 IPC, his conviction stands affirmed.