MUKESH @ MUKKA Vs. STATE

JUDGEMENT

(1.) MUKESH @ Mukka impugns conviction in Sessions Case No.39/2008 arising out of FIR No.64/2008 registered at Police Station Bara Hindu Rao by which he was held guilty for committing offences punishable under Section 120 -B/392/397 IPC and sentenced to undergo RI for seven years.

(2.) BRIEFLY stated, the prosecution case as projected in the charge -sheet was that on 13.06.2008 at about 05.00 A.M. opposite shop No.T -736, Tyre Market, Azad Market, DCM Road in pursuance of criminal conspiracy, the appellant and his associates Karan Singh @ Deva, Chandan @ Babar and Mohd. Wasim robbed Rs. 2,500/ -, visiting cards and mobile phone no.9212421161 from the complainant - Manoj Kumar. They also robbed Rs. 3,500/ -, railway tickets from Deepak Sharma (PW -1). They were armed with knives at the time of committing robbery and used deadly weapons to deprive the complainant - Manoj Kumar and Deepak of their valuable articles. During the course of investigation, statements of witnesses conversant with facts were recorded. The accused persons were arrested. The Investigating Officer moved applications for conducting Test Identification Parade. The accused declined to participate in the TIP. Robbed articles were recovered at the instance of the accused. After completion of investigation a charge -sheet was submitted against them in the Court. They were duly charged and brought to trial. The prosecution examined 26 witnesses. In their statement under Section 313 Cr.P.C. the accused pleaded false implication. On appreciating the evidence and considering the rival submissions of the parties, the Trial court, by the impugned judgment convicted the appellant - Mukesh @ Mukka and his associates Chandan @ Babar and Karan Singh @ Deva. Mohd. Wasim was acquitted of all the charges. Being aggrieved, the appellant has preferred the appeal.

(3.) SINCE the appellant has given up challenge to the findings of the Trial Court under Section 392 IPC and the co -convicts for the reasons mentioned therein have already been held guilty in similar circumstances under Section 392/34 IPC, the conviction of the appellant under Section 392 IPC is affirmed and for the same reasons, his conviction with the aid of Section 397 is set aside. Co -convicts were awarded RI for five years. The appellant's case stands on similar footings. Nominal roll dated 16.09.2013 reveals that the appellant has already undergone incarceration for four years, three months and fourteen days besides earning remission for ten months and twenty six days. Apparently, the sentence served by him till date is more than five years.