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.) IN his examination -in -chief, PW -1 states that the persons who caught hold of him were uttering 'Pintu Mar -Pintu Mar'. PW -1 regained consciousness in the SDN Hospital, Mayur Vihar. PW -2 Som Dutt Chahal stated that he was going by that area at the same time when he noticed that 5 to 6 people were running. They were chasing some persons running ahead of them and raising alarm. He was on a scooter. He parked his scooter and followed the crowd. However, those being chased managed to escape. When he returned to take his scooter, he saw PW -1 in an injured condition. He was supposed to have been told by PW -1 that he had been assaulted by the three boys. However, PW -2 could not identify the three boys. PW -2 states that he called the Police Control Room ('PCR') and assisted in taking PW -1 to the SON Hospital.