AJAY AND ORS. Vs. STATE

JUDGEMENT

(1.) BOTH the appeals have been heard together and are disposed of by this common judgment.

(2.) BOTH the appellants viz. Ajay @ Rajesh (Crl.A.124/2011) and Devi Prakash Yadav (Crl.A.1623/2013) have impugned the judgment and order of conviction and sentence dated 9.3.2010 and 23.3.2010 respectively whereby the learned ASJ, Rohini Courts, Delhi in Sessions Case No. 1071/2009 (P.S. Adarsh Nagar) convicted the appellants under Sections 392/394 of the IPC and Sections 25/54/59 of the Arms Act and sentenced them to undergo rigorous imprisonment for 10 years, fine of Rs. 25,000/ - (in default of which SI for one month) for offences under Section 392/34 of the IPC read with Section 394 and RI for two years, fine of Rs. 1000 (in default of which SI for 5 days) for offence under Sections 25/54/59 of the Arms Act).

(3.) SUBHASH Juneja (PW.1), the injured (complainant) alleged that he had gone to Azadpur Subzi Mandi for collecting the money from his customers. Thereafter while on way on his scooter, in front of a shop three miscreants came in front and forced him to stop. Two of the accused persons struck him on his head by dandas from behind. One of the accused fired at him with a country made pistol which hit him in his shoulder. His brief case, which contained Rs. 1.5 lakhs in cash, driving license, cheque book, mobile phone etc was snatched. The miscreants left the scene of the occurrence.