KISHAN Vs. STATE

JUDGEMENT

(1.) This present first appeal has been preferred by the Appellant Kishan under Section 374 Criminal Procedure Code, 1973 (Cr.P.C.) to assail the judgment dated 24.01.2009 and order of sentence dated 27.02.2009 passed by the Learned Additional Sessions Judge (ASJ) Fast Track Court, South Delhi District, New Delhi in SC No. 18/2008 arising out of First Information Report (FIR) No. 224/1997 registered at Police Station (PS) Greater Kailash-I (GK-I) under Sections 452/395/506/412/34 Indian Penal Code, 1860 (IPC). The Appellant has been convicted under Sections 392/452/506-II/34 IPC, and sentenced to undergo Rigorous Imprisonment (RI) for a period of five years and to a fine of Rs. 500/-, in default of payment of fine, further RI for 10 months for the offence punishable under Sections 392/34 IPC. He has also been sentenced to undergo RI for a period of 3 years and fine of Rs. 3,000/-, in default of payment of fine, further RI for 6 months for offence punishable under Sections 452/34 IPC. For the offence punishable under Sections 506-II/34 IPC, he has been sentenced to undergo RI for a period of 2 years and a fine of Rs. 2,000/-, in default of payment of fine, further RI for 4 months.

(2.) The case of the prosecution is that: on 06.06.1997 at about 05:15 PM, Sh. Rajiv Saxena (PW-7) S/o Sh. BL Saxena (PW-1) R/o S-164, Second Floor, GK-I, New Delhi telephonically informed the Police officials of PS GK-I about a theft that had occurred at his house. Information was recorded vide DD No. 49-B (PW-17/A) in PS GK-I, and investigation was handed over to SI Rishi Pal Singh (PW-17). Thereafter, SI Rishi Pal Singh (PW-17) alongwith Ct. Inder Sen (PW-6) and Ct. Naresh Kumar (PW-10) went to the house of the complainant, and found that the entire house had been ransacked. The IO, SI Rishi Pal Singh (PW-17), recorded the statement of the complainant.

(3.) The complainant B.L. Saxena (PW-1) stated that he along with his family members were residing in the aforesaid mentioned house. He stated that on 06.06.1997 around 3:00 PM, while he was present in his house with his wife Mithlesh (PW-3), his two daughter-in-laws Smt. Smita (PW-2) and Smt. Monika (PW-4), and his two granddaughters viz. Anupriya and Arpana (PW-5) and one servant Anil, the door bell of the house rang, which was answered by his granddaughter, Aparna (PW-5), who was followed by their servant Anil. Four boys aged 20-22 years entered the house of the complainant. The boys were of average height. Three of the four had a thin built, and the fourth boy was heavily built. Two of the boys were armed with knives, and the other two with country made revolvers. The accused persons, while holding Anil and Aparna told all the family members of the complainant, at gun/knife point, to go into the room of the elder daughter-in-law, Smt. Samita (PW-2). The accused persons asked them to hand over all the valuables to them, failing which they threatened to kill them. One of the boys increased the volume of the TV. The accused persons took away a VIP briefcase/suitcase containing Rs. 7 Lakhs. The amount was kept in seven bundles of Rs. 1 Lakh each in separate polythene; the money was brought for paying the salary of the employees at their factory. The suitcase also contained a raxine pouch containing bank account statement of Sh. Anoop Saxena (PW-8) of Grindlays Bank, a cover letter of insurance policy of their factory and one allotment advice of Bank of Baroda, etc. The accused had also taken away all the cash and jewellery in the almirah of the elder daughter-in-law. The accused were asking, again and again, as to where the younger daughter-in-law was.