JAVED @ GALLA PHAD Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) JAVED @ Galla Phad (the appellant), Amarjeet (Proclaimed Offender), Bantoo @ Dev Prakash (Proclaimed Offender), Satpal, Jairam Dass and Suresh (all acquitted) were arrested by the police of Police Station Uttam Nagar in case FIR No.952/2005 and sent for trial on the allegations that on 19.10.2005 in between 03.00 A.M. to 03.30A.M. at plot No.20, Matiala Extension, Uttam Nagar, they committed robbery and deprived Rajbir Bhargav, owner of the factory, teeth yokes, bearings and electric motors using deadly weapons. It was further alleged that on 23.12.2005 Javed @ Galla Phad, Amarjeet, Bantoo @ Dev Prakash were apprehended and arrested. Pursuant to their disclosure statement, some robbed articles were recovered from Suresh, Jai Ram Dass and Satpal. During the course of investigation, statements of witnesses conversant with the facts were recorded. After completion of investigation a charge - sheet was filed against the accused persons under Sections 458/380/411/34 IPC. The Metropolitan Magistrate vide order dated 31.03.2006, prima facie, found commission of offence under Section 397 IPC and committed the case to Sessions. Javed was charged for committing offence under Section 397 IPC, Amarjeet, Bantoo @ Dev Prakash were charged under Sections 394/34 IPC and Jairam Dass, Suresh and Satpal were charged under Section 412 IPC. Accused persons pleaded not guilty to the charges and claimed trial. To bring home the charges, the prosecution examined eleven witnesses. In their 313 statements, the accused persons pleaded not guilty and claimed trial. Amarjeet and Bantoo @ Dev Prakash absconded during trial and were declared Proclaimed Offenders. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted Javed under Section 397 IPC. Jairam Dass, Suresh and Satpal were acquitted of all the charges. It is significant to note that the State did not challenge their acquittal.

(2.) I have heard the learned counsel for the parties and have examined the record. The appellant's conviction is based upon the sole testimony of PW -3 (Arun Kumar), Chowkidar in the factory, who identified him during deposition in the court as one of the assailants. The occurrence took place in the night intervening 18/19 -10 -2005 at about

(3.) TRIAL Court record along with a copy of this order be sent back forthwith. A copy of the order be sent to Jail Superintendent, Tihar Jail for intimation.