RAJENDER YADAV Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THESE two Appeals are directed against a judgment dated 25.11.2011 and an order on sentence dated 22.12.201 passed by the learned Additional Sessions Judge ('ASJ') whereby the Appellants were held guilty for the offences punishable under Sections 392 read with Sections 120-B, 397 and 411 IPC and were sentenced to undergo Rigorous Imprisonment for six months each with fine of Rs.2,000/- each and in default of payment of fine to further undergo simple imprisonment for one month each for offence under Section 120-B; and RI for three years each with fine of Rs.2,000/- each and in default of payment of fine to further undergo SI for one month for offence under Section 392/120-B IPC. They were further directed to undergo RI for seven years each under Section 397 IPC; and RI for one year each under Section 411 IPC.

(2.) ON 19.11.2009 on receipt of DD No.31-A regarding commission of a robbery in house no.F-3/13, Vasant Vihar, SI Ajit Pal Tomar (IO) along with Constable Ramniwas reached the earlier said house. He met Smt. Suman Ratra, the occupant of the house. She informed the IO that at about 9:30 P.M. she was all alone on the first floor of the house. Her servant Mahesh and maidservant Sunita were carrying out some work on the ground floor. Suddenly two slim bodied boys aged 35-40 years and 25-30 years; the younger one being of wheatish complexion and the elder one being of dark complexion, came there. Both of them gave her beatings with fists and kicks. Younger one showed her a knife. They asked her about the money kept in the house. She handed over a sum of about Rs.3.50 lacs kept in the dressing room. Both of them (the culprits) searched the almirah and whatever valuables they could lay hands on were removed. She informed that they also took away her red colour wallet, credit cards, some documents, some silver idols, Saaligram made of stone, etc. etc.

(3.) DURING the course of investigation the mobile phones of the Appellants and co-accused Mahesh were seized. It was found that the co-accused Manoj Yadav was in constant touch with co-accused Mahesh Yadav, the servant employed at the house of the Complainant on the date of the incident, before and after the commission of the robbery.