ANAND TYAGI AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) Anand Tyagi (A-1), Vijay Kumar (A-2), Om Parkash @ Rajesh and Pradeep Tyagi were arrested in Case FIR No.77/1999 registered at Police Station Civil Line and sent for trial on the allegations that on the night intervening 11/12.03.99 at about 12.40 A.M. they robbed Mahesh Kumar, TSR driver (DL-1R-1234) at knife point, when he was engaged from Ajmeri Gate to go to Mall Raod at knife point. Mahesh Kumar raised alarm and Ct.Ram Sagar of the Home Guard was able to catch hold of A-1. The other assailants fled the spot. During the course of arguments the other assailants were arrested and statement of witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was submitted against all of them in the court. The prosecution examined 8 witnesses to prove its case. In their 313 statements, the accused persons claimed innocence. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment dated 19.05.2001 in Sessions Case No.84/1999 acquitted Om Parkash @ Rajesh and Pradeep Tyagi of all the charges while convicting A-1 and A-2 under Section 25 Arms Act and under Section 332 IPC respectively. Being aggrieved, A-1 and A-2 have preferred the appeals.

(2.) During the course of arguments, both A-1 and A-2 gave up their challenge to conviction for the aforesaid offences and opted to accept it voluntarily. They, however, informed that they had remained in custody for more than the imprison terms awarded to them. Since the appellants have accepted the conviction under Sections 25 Arms Act and under Section 332 IPC voluntarily in the presence of their lawyer, their conviction stands affirmed. By an order dated 19.05.2001 they were directed to undergo Rigorous Imprisonment for one year each. Admittedly, they have remained in custody for more than one year before release on bail. Under the circumstances, no further sentence can be awarded to them. Both A-1 and A-2 are ordered to be released for the period already undergone and spent by them in compliance of the sentence order.

(3.) The appeals stand disposed of in the above terms. Trial Court record along with the copy of the order be sent back forthwith. Superintendant Jail be informed.