TASIM & ORS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellants are aggrieved by the impugned judgment and order of sentence dated 28.01.2006 and 30.01.2006 respectively wherein they have been convicted under Sections 387/34 of the IPC and have been sentenced to undergo RI for two years and to pay a fine of Rs.2000/- In default of payment of fine to undergo SI for 3 months. The appellant Tasim has been additionally convicted under Section 25 of the Arms Act and had been sentenced to undergo RI for a period of 1 year for the said offence. The sentences were to run currently; benefit of Section 428 of the Cr.P.C. had been granted to them.

(2.) Nominal rolls of the appellants have been called. They reflect that as on the date of the grant of bail Tasim had suffered imprisonment for about 11 months and 6 days out of the total period of incarceration of 2 years awarded to him. Mohd. Hasan and Mohd. Irfan has undergone a period of 4 months and 29 days as on the date of their release from the jail.

(3.) Record shows that the incident had occurred at 9.45 a.m. on 22.2.2005. Mohd. Irshad-complainant (PW-1) had filed his complaint on the same day pursuant to which the present FIR had been registered. His version was that on the fateful day when he was ready to go to his office and had opened the back door of his house, he noted that it was very cold. He asked his wife Abida Begum (PW-8) to bring his cap; he continued to stand at the door; at that time three boys came from the side of the park and all of a sudden surrounded him; they were between the age group of 25-30 years. Out of them Tasim gave him push; he took out a knife from his apparel and extorted him to hand over all the articles which he had; meanwhile his wife (PW-8) reached also the spot; his son Mohd. Javed (PW-2) who was inside the house also came out. The other two persons namely Mohd. Hasan and Mohd. Irfan took out kattas and pointed them at the complainant party asking them to remain silent. PW-2 and PW-8 started crying loudly; Mohd. Hasan and Mohd. Irfan attempted to fire their kattas but they could not succeed; they thereafter fled away; accused Tasim who was armed with the knife was apprehended by PW-1 with the help of his wife and son. Neighbours and other public persons gathered.