FURKAN ALIAS JAVED Vs. STATEOF DELHI

JUDGEMENT

(1.) Criminal Appeals No. 459 of 2004 and 484 of 2004 seek to challenge the judgment and order dated 29.05.2004 of the Additional Sessions Judge in Sessions Case No. 14 of 2001, whereby the learned Judge, while acquitting the accused, Gayur, has convicted accused, Furkan and Pappu (the two appellants herein) under Sections 302/307/392/394/34 IPC and also under Section 397 IPC and further by his order dated 31.5.2004 sentenced both the convicted accused to imprisonment for life and a fine of Rs.500/- and in default simple imprisonment for one month under Section 302/34 IPC; three years rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine simple imprisonment for one month under Section 307/34 IPC; seven years rigorous imprisonment and a fine of Rs.500/- under Section 392/34 IPC read with Section 397 IPC and in default of payment of fine, simple imprisonment for one month; three years rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, simple imprisonment for one month under Section 394/34 IPC. All the substantive sentences of imprisonment were directed to run concurrently. Benefit of Section 428 Cr.P.C. was also given to the accused. Since both the appeals arise out of the same judgment of the trial court, they were heard together and are now being disposed of by this common judgment.

(2.) Brief facts of the case, as have been noted by the Additional Sessions Judge in his judgment under challenge and put up by the Prosecution, are :

(3.) Charges were framed initially against three accused Pappu, Jaipal and Gayur on 27.1.1998 under Section 120-B and under Sections 302/307/392/397 read with Section 120-B IPC. On 8.9.1998 the charges were amended by mentioning the robbed amount therein. After the arrest of accused Furkan, who was earlier declared proclaimed offender, similar charges were framed against him also. On 17.10.2002 the charges were re-framed under Sections 396/302/307/395/397 read with Section 120-B IPC against accused Pappu, Jaipal, Furkan and Gayur. After the charges were amended, the accused persons made a statement to the effect that they do not intend to re-summon all the witnesses examined prior to the amendment and only requested for re-examination of PW-1 Ashok Kumar, PW-2, Ajmer Singh, PW-5, SI Devender Kumar, PW-12, Inspector V.P. Singh and PW-14, HC Satya Prakash and accordingly they were examined and cross-examined afresh.