DEEPAK Vs. STATE (GOVT. OF NCT) OF DELHI

JUDGEMENT

(1.) THE appellant ­ Deepak questions the legality and correctness of a judgment dated 15.11.2011 in Sessions Case No. 153/10 arising out of FIR No. 243/10 PS S.P.Badli by which he was held guilty under Section 397 IPC and 27 Arms Act. By an order dated 22.11.2011, he was awarded various prison terms which were ordered to operate concurrently.

(2.) ALLEGATIONS against the appellant as reflected in the charge - sheet were that on 14.08.2010 at about 08.15 P.M. near Siraspur Gurudwara, main G.T.K. road, Delhi, he and his associate Pradeep @ Pappu in furtherance of common intention robbed the complainant ­ Rajesh and deprived him of Rs. 2,200/ - and mobile phone at knife point. Information about the occurrence was conveyed to the police and Daily Diary (DD) No. 45A (Ex.PW -3/A) was recorded at 08.20 P.M. The investigation was assigned to SI Alok Bajpayee who with Const.Rajeev went to the spot. He lodged First Information Report after recording complainant ­ Rajesh's statement (Ex.PW -1/A). Statements of the witnesses conversant with the facts were recorded. Both the accused persons who were apprehended at the spot were taken to hospital for medical examination. After completion of investigation, a charge -sheet was submitted against both of them; they were duly charged and brought to trial. The prosecution examined five witnesses to substantiate the charges against both of them. In 313 statements, they pleaded false implication and denied their complicity in the crime without examining any witness in defence. The trial resulted in their conviction as aforesaid. It appears that co -convict Pradeep @ Pappu has not opted to challenge conviction under Sections 392/34 IPC. Being aggrieved and dissatisfied, the appellant has preferred the appeal.

(3.) THE appeal stands disposed of in the above terms. Trial Court record be sent back forthwith with the copy of the order. A copy of the order be sent to the Superintendent Jail for information.