SEETAL Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 25th March 2009 passed by the learned Additional Sessions Judge (=ASJ') convicting the Appellants for the offences under Sections 395/397 of IPC and Section 27 of the Arms Act, 1959 and the order on sentence of the same date convicting each of them to undergo rigorous imprisonment (=RI') for seven years for the offences under Sections 395/397 and RI for three years along with a fine of Rs. 1,000 and in default, to undergo simple imprisonment (=SI') for one month for the offence under Section 27 of the Arms Act.

(2.) The case of the prosecution is that Kailash Sharma (PW-1) was the owner of a factory, manufacturing aluminium wires located at Haiderpur, New Delhi. Among the labourers working for him were, Sanjay Kumar (PW-8), Tulsi Ram (PW-9), Dalip Paswan (PW-10), Manchit Paswan (PW-11) and Baba Paswan (PW-12). The said labourers used to sleep in the factory. On 23rd August 2004, Kailash Sharma along with his brother, Sunder Lal (PW-2) had gone for a surprise inspection to the factory at around 12 midnight or 12:15 am. They noticed two persons removing aluminium wires from the factory.

(3.) At the instance of A-4, on 23rd August 2004, Sub Inspector Dharambir Singh (PW-14), the Investigating Officer (=IO') of the case along with Constable Surender and Constable Satish (PW-13) apprehended Sheetal (A-1), the Appellant in Crl. A. No. 94 of 2010, Narender (A-2), the Appellant in Crl. A. No. 661 of 2009, Netrapal (A- 3), the Appellant in Crl. A. 916 of 2009 and Romu (A-5) from a kabari shop in Jahangirpuri, Delhi. Pursuant to the disclosure statements made by the aforesaid accused, four knives were recovered.