RAVI SEIKHAR Vs. STATE

JUDGEMENT

(1.) ON 16.03.2009 at about 11.30/11.45 am, PW2 - Mridula Mukherjee along with her daughter -in -law PW1 - Aparajita Mukherji was present in her house bearing number 40/42, C.R. Park, New Delhi. Accused - Naushad, who was earlier known to PW2, alongwith one more person approached her for purchasing old garments. He asked her to give old garments and introduced other person who had come with him as his brother. After sometime, Naushad went away. As soon as she started talking to that person who had come with Naushad, few other persons entered forcibly in her house and bolted the door from inside. Those persons took away the ornaments of the complainant and her daughter -in -law as well as cash of about Rs.14,000/ - and one mobile phone make Nokia. One of them was carrying a country -made fire arm with which he assaulted on the head of Aparajita Mukherjee. One of them was armed with a knife. After committing robbery, they all went away. The complainant and her daughter -in -law raised hue and cry. The police was informed and a complaint was made which led to registration of the FIR. The investigation was conducted and the complainant informed that accused Naushad was sent to her by one Ansar, who was joined in the investigation and at the instance of Ansar Ali, accused Naushad alongwith co - accused, namely, Mohd. Tariqullah, Mohd. Rizwan and Mohd. Afzal Hussain were apprehended from near the Community Centre, New Friends Colony, New Delhi. At the time of their apprehension, accused Mohd. Rizwan was found in possession of a country made pistol with one live cartridge and accused Mohd. Afzal was found in possession of a knife which were seized by the police. They made disclosure statements stating therein that Rs.5,000/ - and one pair of ear tops out of the robbed articles were given to accused Naushad. Nine bangles and one gold chain was sold to a jeweller in Uttam Nagar, New Delhi by accused Rizwan and Afzal Hussain. One ring and one gold chain came to the share of Mohd. Afzal and Mohd. Rizwan respectively. Accused Mohd. Tariqullah got a share of Rs.5,000/ - and one gold chain. Pursuant to the disclosure statements, accused Mohd. Rizwan got recovered Rs.10,000/ - and one gold chain from his house at 91, Gali No.15, Noor Nagar, Jamia Nagar, New Delhi. He also got recovered one shirt having blood stains. Accused Naushad got recovered Rs.5,000/ - and one pair of gold ear ring and Mohd. Afzal got recovered Rs.10,000/ - and one ring from his residence whereas accused Mohd. Tariqullah got recovered Rs.5,000/ - from his house.

(2.) IT is further the case of the prosecution that accused Mohd. Afzal and Rizwan pointed out the shop of M/s. Sonam Jewellers, Jain Road, Near Satyam Public School, Uttam Nagar, New Delhi where they had sold the nine gold bangles and one gold chain. Accused Ravi Seikhar was found sitting on the counter of the said shop and got recovered five gold bangles from the locker of the shop, which were seized by the police. Accused Mohd. Tariqullah, Mohd. Rizwan and Afzal Hussain were also identified by the witnesses during the Test Identification Parade.

(3.) AFTER completing investigation, the charge -sheet was submitted against accused Mohd. Naushad, Mohd. Tariqullah, Mohd. Afzal and Mohd. Rizwan for offences under Section 452/394/397 read with Section 34 of Indian Penal Code and Section 25/27 Arms Act. Accused Ravi Sheikhar was sent for trial for the offence under Section 412 IPC.