HAFIZUR REHMAN @ NADEEM Vs. STATE

JUDGEMENT

(1.) THERE are two appellants before this Court namely Hafizur Rehman and Nadeem. They have been convicted by the Sessions Judge under Sections 392/394 read with Section 34 of the IPC and each of them had been sentenced to undergo RI for a period of 5 years for the offence punishable under Section 392/34 of the IPC besides a fine of Rs.2,000/ - and in default of payment of fine to undergo RI for a period of 6 months; for the offence under Section 394/34 of the IPC, each of the two convicts had been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.1,000/ - and in default of payment of fine to undergo RI for 3 months. Benefits of Section 428 of the Cr.PC have been granted to the convicts.

(2.) NOMINAL rolls of the appellants have been summoned. They disclose that Hafizur Rehman has suffered incarceration for about 2 years and 9 months (which includes the remission period) as on the date when he was granted bail; convict Nadeem has undergone incarceration of 3 years and 11 months including remission.

(3.) DURING the course of investigation, the accused persons were apprehended. The line of investigation started from the two mobile phones which had been robbed of the victim i.e. a Sony Ericsson and a Motorola. Muneer Khan (PW -3) a shopkeeper in Gaffar Market had disclosed that Motorola mobile phone had been sold to him by Hafizur Rehman. Accused persons were thereafter apprehended on 10.12.2003 i.e. almost 1 - 1/2 months after the date of the incident. Accused Hafizur Rehman had been identified in the TIP proceedings; co -accused Nadeem had refused TIP. Another incriminating piece of evidence relied upon by the prosecution against the accused was chance print of left middle finger of accused Hafizur Rehman proved in the report of the finger print expert (Ex.PW -18/A).