ARVIND KUMAR @ ARUN Vs. STATE

JUDGEMENT

(1.) These three Appeals are directed against a judgment dated 02.12.2011 and an order on sentence of even date passed by the learned Additional Sessions Judge("ASJ") in Sessions Case No.12/2009 FIR No.277/2008 P.S. Alipur whereby the Appellants Balwant Singh and Sunil Kumar were convicted for an offence punishable under Sections 365/392/34 IPC. They were sentenced to undergo rigorous imprisonment (RI) for five years and to pay a fine of Rs. 2,000/- or in default to undergo simple imprisonment (SI) for two months for the offence punishable under Sections 365/34 IPC; they were further sentenced to undergo RI for five years and to pay a fine of Rs. 3,000/- or in default to undergo SI for three months for the offence punishable under Sections 392/34 IPC. Appellant Arvind Kumar was additionally convicted for an offence punishable under Sections 397 IPC as also under Section 25 of the Arms Act. He was sentenced to undergo RI for five years and to pay a fine of Rs. 2,000/- or in default to undergo SI for two months for the offence punishable under Sections 365/34 IPC; he was further sentenced to undergo RI for seven years and to pay a fine of Rs. 3,000/- or in default to undergo SI for three months for the offence punishable under Sections 392/34 IPC and 397 IPC. He was also sentenced to undergo RI for one year and to pay a fine of Rs. 1,000/- or in default to undergo SI for one month for the offence punishable under Section 25 Arms Act.

(2.) The Appellants are alleged to have abducted complainant Raj Tirkhi and committed robbery of a container loaded with shampoo pouches belonging to Hindustan Lever Ltd. The facts of the case are extracted from the impugned judgment as under:

(3.) In order to establish its case, the prosecution examined nine witnesses. Raj Tirkhi(PW4) is the complainant and the driver of the robbed container, Constable Mukesh (PW3), Constable Naresh Kumar (PW6) and Constable Hari Parkash (PW8) are the witnesses with regard to the apprehension of the Appellants and recovery of the loaded container from the Appellants, recovery of dagger from Appellant Arvind Kumar and recovery of the mobile phone belonging to complainant from Appellant Balwant Singh.