PARDEEP @ SANDY Vs. STATE

JUDGEMENT

(1.) ON 29.08.2010, about about 12.45 pm, an information was received that a person had been robbed of his motorcycle - Bajaj Discover, red colour, bearing registration number DL 8S NC 4908 at Bawana Road, DSIDC, H -Block, Main Road. The information when conveyed to Police Station Bawana, was recorded vide DD No.22A, a copy of which was given to Head Constable - Brijesh Kumar for investigation when Head Constable - Brijesh Kumar reached the Main Ganga Toli Road, near Lal Flat, Sector - 3, DSIDC, Bawana, the complainant - Abhinav Dhruv was present there. The statement of the complainant was recorded by him. The complainant, inter alia, stated that on the aforesaid date, he was returning from Bawana on his motorcycle number DL 8S NC 4908, bearing chasis number - MD2DSPAZZ SPL 47751 and Engine number JBUBSI 94103. At about 12.40 pm, when he reached the Main Ganga Toli Road near Lal Flat, Sector -3, DSODC Bawana, three boys driving a red colour motorcycle got his motorcycle stopped. One of them showed a knife to him and asked him to leave the motorcycle, failing which he would be killed. Being scared, the complainant got down from his motorcycle. The other boy then took charge of the motorcycle and drove it. The other two boys also drove away on the red colour Pulsar motorcycle. The investigation was later transferred to SI - Pawan Kumar of Police Station - Bawana.

(2.) ON 03.09.2010, an information was received with respect to arrest of the appellants - Deepak, Pawan and Pardeep in the case registered vide FIR No.277/2010, by the staff of Outer District, Delhi. It is also the case of the prosecution that in the aforesaid case, the appellants made disclosure statements admitting their involvement in the robbery of the motorcycle of the complainant. After their arrest, the appellants refused to join Test Identification Parade. The motorcycle which the appellants are alleged to have stolen during the robbery is alleged to have been recovered from the house of the appellant - Pardeep, pursuant to the disclosure statements made by the appellants. All the three appellants were then charge -sheeted under Section 392/397/506/34 of Indian Penal Code. The trial court, however, charged all the appellants under Section 392/34 of IPC. Appellant - Deepak was also charged under section 397 of Penal Code and Section 27 of the Arms Act. Since the appellants pleaded not guilty, as many as 12 witnesses were examined by the prosecution. Two witnesses were examined in defence.

(3.) PW 3 - Head Constable Narender, inter alia, stated that on 02.09.2010, a call was received from the Special Staff that three persons had been apprehended along with illicit arms and stolen vehicles near Bawana Naher Guest House. When he reached there, Head Constable - Surender along with other officials was present there. The accused Deepak, Pawan and Pardeep were also present there. According to him, he interrogated and recorded disclosure statements of accused persons and then went to Village Peepli near Kharkhoda along with them. Two stolen motorcycles were recovered from the courtyard of the house of Pardeep, one of which belonged to this case having registration number DL 8S NC 4908.