ZUBER AND ORS. Vs. STATE

JUDGEMENT

(1.) This appeal u/s 374 of the Code of Criminal Procedure, 1973 has been filed by the appellant challenging the judgment dated 18th January, 2014 and order on sentence dated 22nd January, 2014 vide which the appellants were convicted under Section 328/379/34 IPC, 1860 and sentenced to undergo rigorous imprisonment for a period of 4 years along with fine of Rs.10,000/- u/s 328/34 IPC in default to undergo 6 months simple imprisonment and 3 years rigorous imprisonment u/s 379/34 IPC with fine of Rs.5000/- each in default to undergo simple imprisonment for 3 months passed by the learned Additional Sessions Judge in Sessions Case No.44/11 arising out of FIR 03/11 u/s 328/379/411/34 IPC registered with Police Station Preet Vihar.

(2.) Prosecution case emanates from the fact that on 9th September, 2011 an information was received at Police Station Preet Vihar vide DD No.15A that a person was lying unconscious at E-96, East Laxmi Market in Gali No.6. On receipt of this information, HC Virender Singh along with Constable Sandeep reached at the spot where they came to know that victim had already rushed to Hedgewar Hospital by the PCR Van. They then reached at Hedgewar Hospital. The victim was unfit for statement. The call was kept pending. On 5th January, 2011, the victim Amit regained his consciousness and became fit for statement. His statement Ex.PW6/A was recorded wherein he stated that he was a salesman at Spice Hot Spot and that he was having a mobile phone Nokia E-63. He told about the phone to a customer on his store. The customer took his phone number and on 3rd January, 2011 at about 12:30 pm he received a call on his mobile phone from the said customer. The customer expressed his desire to buy his mobile phone and for the said purpose he called him at East Laxmi Market near Sai Baba Temple. He told him that he would meet him after closure of the shop. At about 10:30 pm he went on his motorcycle at Sai Baba Temple. The customer met him there.

(3.) Both the accused pleaded not guilty to the charge u/s 328/379/34 IPC and 411 IPC and claimed trial.