LAWS(DLH)-2014-2-62

BIJENDER @ NAUSHAD Vs. STATE

Decided On February 13, 2014
Bijender @ Naushad Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ON 18.04.2008, an intimation was received by Police Control Room that two boys had come near Babu Ram School to commit dacoity, one of them had managed to escape firing a shot, whereas the other had been apprehended. On receipt of the said information, SI Rajpal Sharma of Police Station Farsh Bazar reached the House No. 449/1, Gali No. 3, Bhola Nath Nagar, Shahdara and found crowd gathered there. The complainant Shweta who was present on the spot, met him there and her statement Ex. PW -5/A was recorded by the police officer. In her statement Shweta stated that she was living in House No. 449/1, Gali No. 3, Bhola Nath Nagar Shweta along with her younger sister Alka and her brother Lalit, her mother having gone to Shimla, where her father was posted at that time. Her elder brother Lalit at that time had gone to his house. At about 4.30 PM, she along with her younger sister Alka went to Teliwada for shopping, after locking the door of the house and taking keys with her. When they returned at about5.15 PM, she found the door open and one person with white spots on his face standing outside the house. At that very time, another person came out of the house. When she enquired from them as to who they were, the person with white spots threatened her with an iron rod which he was carrying. The said iron rod was sharp on both its ends. On the complainant receiving alarm, both the persons started running. The complainant, her cousin Pawan and some neighbours however chased them. The man with white spots fell down and was apprehended, whereas the other person managed to escape, firing a shot in the air. On returning to the house and checking, the complainant found some articles of jewellery, detailed in the complaint missing from their house. The appellant before this Court is the person who was handed over to the police officer when he reached the spot.

(2.) VIDE the impugned judgment dated 17.12.2012, the appellant was convicted under Section 454 of IPC read with Section 34 thereof as well as under Section 392 of the said Code read with Section 397 thereof. The appellant was also convicted under Section 174A of IPC. The appellant was sentenced to undergo RI for five years and to pay a fine of Rs.5,000/ - or to undergo RI for a period of six months in default under Section 454/34 of IPC; RI for seven years and to pay a fine of Rs.5,000/ - or to undergo RI for six months under Section 392/397 of the IPC; and RI for two years under Section 174A of IPC. Being aggrieved from his conviction and sentence awarded to him, the appellant is before this Court.

(3.) PW -6 Alka is the younger sister of the complainant. She corroborated her deposition and also identified the appellant her in her examination -in -chief itself as the person who was standing outside the door of their house with an iron rod in his hand. She also stated that when Shweta asked the appellant as to who he was, he asked her to remain quiet, pointing out the rod at her. She further stated that when she raised alarm, one more person came out of the house and on hearing her noise, her cousin Pawan and uncle Rajender as well as some neighbours chased the accused persons. She also corroborated the deposition of the complainant with respect to the appellant being chased, falling down, being over -powered and handed over to the police. She also corroborated the deposition of her sister with respect to the theft of articles of jewellery from their house.