MUKESH SINGH Vs. STATE

JUDGEMENT

(1.) By these appeals filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), the appellants seek to challenge the impugned judgment dated 08.04.2011 and order on sentence dated 27th April 2011 whereby the Appellant Vijay is convicted for committing an offence punishable under Sections 392/394/397/307/ 302 read with section 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') while the appellant Mukesh was held guilty of committing an offence punishable under Section 392/394/397 read with Section 302/34 of IPC.

(2.) The exact order on sentence as awarded to the appellants by the Additional Sessions Judge, is reproduced as under:

(3.) Proliferation in heinous crimes is unacceptable. It is quite distressing that at the start of the day, the newspapers alarm us with another act of murder, dacoity, rape etc. It is a societal nag that we all want to eliminate from the society. No doubt poverty is a reason behind several heinous crimes, it persuades people to indulge into unlawful acts, corrupt and criminal means to acquire riches, it is the quest for money but one cannot ignore that honesty and hard work are the bowers of life, that enables oneself to survive even in adverse conditions. Some commit such crimes out of rage, impulse or fear but a few for some psychological satisfaction. The latest National Crime Records Bureau data shows that crime for money is on rise and most of the accused in these cases are from socially and economically backward sections of the society. Usually while committing the offence of robbery or dacoity, these criminals end up committing more serious and dreadful offence of eliminating the life of the victim or attempting to murder such victim or causing them grievous hurt. It is also an acknowledged fact that these criminals keep committing these crimes as their normal routine job till they are convicted and appropriately sentenced. A wave of these grisly crimes is sweeping across swathes of urban and small-town India. The continually rising graph makes us queasy. Such is the irony of life that a few men think that they would make their living by snatching or committing theft, robbery etc. and to achieve this objective can even stoop to the extent of taking away someone's life. They fail to realise the stern consequences of such acts, which could cause them their entire life in return , the life that could have been made a purposeful one, and worth living. So vicious was the attack in the present case by these four men with an intent to commit robbery, but in commission of the said crime, two of the assailants badly injured one of the victims and caused death of the other.