MOHD GUDDU SHAH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These appeals are directed against the impugned judgment and order on sentence dated 27.09.2012 and 28.09.2012 respectively wherein both the appellants i.e. Mohd. Guddu Shah and Ashok Patel had been convicted under Section 392 read with Section 397/34 of the IPC. Each of them had been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.20,000/- and in default of payment of fine to undergo SI for 6 months. Benefit of Section 428 of the Cr.PC had been granted to the appellants.

(2.) Nominal rolls of the appellants have been requisitioned. Nominal roll of appellant Mohd Guddu Shah reflects that as on date, he has undergone incarceration of 5 years and 3 months which includes the period of remission. Nominal roll of appellant Ashok Patel also reflects that he has undergone incarceration of about the same period i.e. 5 years and 3 months. Their jail conduct is also satisfactory.

(3.) The version of the prosecution is that on 19.05.2011 at about 07:00 am, a complaint (Ex.PW-1/A) was received in the local police station which was to the effect that four persons were going by train from Hazrat Nizammuddin railway station towards Khurja and just when the train was about to leave, four persons aged 20-25 years entered a boggie of the train and started quarrelling with each other; they asked the passengers sitting in the boggie to vacate the seats; they took out their knives and asked all the passengers to give their valuables or else they would be stabbed. The complaint was lodged. The complainant was Sonu (PW-1). His co-passenger Deva was examined as PW-2. Two other persons were also travelling along with them in the train namely Jagdev Prasad (PW-3) and Roopa Devi (PW-6). Accused persons however managed to flee. The present two accused (out of four) were arrested on 11.06.2011 i.e. after a gap of almost more than three weeks.