DEEPAK Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 197 of 2008 has been filed by Deepak @ Bhola son of Chander Pal and Viru against the impugned judgment dated 8th January 2008 passed by the learned Additional Sessions Judge ('ASJ') in Sessions Case No. 153 of 2000 convicting them of the offence under Sections 392, 394 read with 34 I.P.C. and the order on sentence dated 15th January 2008 sentencing them to undergo rigorous imprisonment CRT) for four years each and to pay a fine of Rs. 5,000 each and in default to R.I. for six months for the offence under Section 392 read with 34 I.P.C. and to undergo RI for five years and to pay a fine of Rs. 5,000 each and in default to further undergo RI for six months each for the offence punishable Under Section 394 read with 34 I.P.C. Criminal Appeal No. 251 of 2008 is by Vinay @ Pintu challenging the same common impugned judgment dated 8th January 2008 whereby in addition to being convicted for the offences under Sections 392 and 394 I.P.C., he was also convicted for the offence under Section 397 I.P.C. He has also challenged the order on sentence dated 15th January 2008 whereby in addition to the sentence awarded on par with those awarded to the other two co-accused he has been sentenced to undergo RI for seven years for the offence under Section 397 I.P.C.

(2.) It must be noticed at the outset that during the pendency of the aforementioned Criminal Appeal No. 251 of 2008, the Appellant Vinay expired and by an order dated 11th February 2011 his wife was granted leave to continue the appeal.

(3.) The case of the prosecution is that the Complainant Jagbir Singh (PW-1) had gone to collect the earnings of certain blue line buses in the intervening night of 19th/20th June 2000 in the area of Indra Market, Trilok Puri, Delhi.. He had collected a sum of Rs. 6,000 and was returning home. It was midnight and dark. When he reached near the transformer at Indra Market, three boys aged about 20 to 25 years, standing there under the cover of darkness, confronted PW-1. Two of them caught hold of his hands and the third removed money from his pocket. When PW-1 resisted and raised an alarm, the person who had removed the money from his pocket took out an iron angle type object from underneath his waist and gave several blows over the head of PW-1. PW-1 fell down and became unconscious.