AKIL AND ORS. Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) VIDE this common judgment, I shall dispose of two appeals bearing Crl. Appeal Nos. 1042/2013 and 1241/2013 filed by the appellants/accused Akil and Zafar Alam challenging the impugned judgment dated 10.07.2013 and order on sentence dated 22.07.2013 in Sessions Case No. 93/2010 arising out of FIR No. 346/2006 Police Station Sarita Vihar, New Delhi whereby the appellants were convicted under Section 392/34 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of four (4) years and fine of Rs. 5,000/ - each, in default to undergo simple imprisonment for a period of two (2) months.

(2.) ON 29.06.2006 an intimation through wireless message was received at Police Station Sarita Vihar regarding commission of a dacoity by five persons in House No. 673, DB Block, Pocket - II, Jasola Vihar, Delhi on which a DD No. 25A (Ex.PW6/A) was recorded and was entrusted to Sub Inspector Bhanu Pratap, who alongwith constable Abbas reached the spot and recorded statement of the complainant - Smt. Shahin and got the FIR (Ex.PW9/A) under Sections 379/356 IPC registered.

(3.) IN order to substantiate its case, prosecution in all examined as many as 10 witnesses. All the incriminating evidence was put to the accused persons while recording their statements under Section 313 Cr.PC wherein they denied the case of prosecution and pleaded false implication in this case.