ASLAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 17.8.2013 and 19.8.2013 respectively wherein the appellant stood convicted under Ss. 393/307/34 of the IPC. He has been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs. 5000/ - in default of payment of fine to undergo RI for 6 months for each of the convictions. Sentences were to run concurrently. Benefit of Sec. 428 Cr.P.C. had also been granted to him.

(2.) Nominal roll of the appellant has been requisitioned. This reflects that as on 22.11.2015 the appellant has undergone incarceration of about years and 6 months which includes the remissions earned by him. His jail conduct is satisfactory. The fact that he is 27 years of age and does not have any other criminal antecedents has been noted.

(3.) The version of the prosecution is that on 08.12.2010 at about 10 -10.15 p.m. when Nitin Singhal (PW -3) was to start his motorcycle three boys came there on a motorcycle bearing No. DL -6SAE -5269 of which two of them got down and one of them tried to snatch the bag of PW -3. PW -3 raised an alarm. Public persons gathered there. Accused Rizwan stabbed PW -3; while fleeing Rizwan was heard telling another boy that "Bhag Aslam Bhag". FIR was registered on the complaint of Jogender Kumar (PW -1). Rizwan was arrested. In the course of investigation he revealed the name of the present appellant who was also arrested. The motorcycle used in the commission of the crime was recovered. The third boy could not be arrested. Charge sheet was filed.