ASIF Vs. STATE

JUDGEMENT

(1.) THESE are two appeals directed against the impugned judgment and order of sentence dated 03.04.2006 & 07.04.2006 respectively wherein appellant Asif and appellant Nadeem have been convicted under Section 395 read with Section 397 of the IPC besides a separate conviction under Section 25 of the Arms Act. Accused Asif has been additionally convicted under Section 412 of the IPC as well. Each of the appellants has been sentenced to undergo RI for a period of 7 years for the offence under Section 395 read with Section 397 of the IPC besides a fine of Rs.2,000/ - and in default of payment of fine to undergo, SI for 6 months; for the offence under Section 25 of the Arms Act, each of them has been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.500/ - and in default of payment of fine, to undergo SI for one month. For the offence under Section 412 of the IPC, the convict Asif has been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.1,000/ - and in default of payment of fine, undergo SI for 3 months.

(2.) THE version of the prosecution is that on 18.12.2001 at about 09:45 PM, Jayant Vivek (PW -4) while coming from the side of Kingsway Camp and going to his hostel room was accosted in front of the Law Faculty by some persons who were sitting in white Maruti van which was parked opposite side of the road. One boy was standing outside the van; he stopped PW -4 on the pretext of asking him way to the ISBT; meanwhile two boys alighted from maruti van; all of them snatched one rucksack bag in which he was carrying his ATM card of HDFC Bank, some books, personal notes and about Rs.3,000 - 4,000/ -. On the resistance of PW -4, he was attacked on both his thighs by knife blow by the person who had stopped him (later on identified as Nadeem). The accused persons managed to flee.

(3.) ACCUSED Asif had been arrested on 11.02.2002 by HC Yashpal (PW -10) along with SI Sunil Srivastava (PW -15) and constable Rakesh (PW -6); PW -10 had deposed that on the basis of a secret information, Asif was apprehended; he was having a 'NIKE' made bag and was wearing a jacket. He had disclosed that this bag related to the case property of the present FIR. From his right pant pocket, one razor was recovered. His disclosure statement (Ex.PW -6/E) was recorded and the books were taken into possession vide memo Ex.PW -6/A. It was in this disclosure statement that the role of the second accused i.e. Nadeem had surfaced. On 15.02.2002, Nadeem who had been arrested in another FIR and was in judicial custody in Tihar Jail had been seen by the complainant. On a production warrant ordered at the request of PW -15, accused Nadeem was produced in Court in muffled face. It was on this date that the TIP was conducted where he was identified by the complainant. He had given his disclosure statement (Ex.PW -10/A) and pursuant to his disclosure statement, he led the police party to his house at D -482, Buland Masjid, Shastri Park and from his house, he had produced one razor which was lying in a box. This was on 19.02.2002.