LAWS(DLH)-2016-2-135

MATIN Vs. STATE

Decided On February 16, 2016
Matin Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgement dated 19th February 2011 and order on sentence dated 22nd February 2011 whereby appellant and 3 other accused persons were convicted under 393/34 and sentenced to Rigorous Imprisonment for 5 years and Rs. 2000 fine each. Appellant - Matin was further convicted u/s 398 IPC and Sec. 25 Arms Act and sentenced to Rigorous Imprisonment for 7 years and Rs. 3000 fine and R.I. for one year and Rs. 1000 fine respectively.

(2.) Prosecution case succinctly stated is that on 5th October 2006, HC - Vijay Vats alongwith Constable - Balbir, Constable - Satender and Constable Mohan were present at Regal Cinema and were checking the buses when at about 3:40 PM, they noticed one person was being dragged by some persons towards Palika Parking. On seeing the police, those persons started running away from there but they were apprehended. The person who was being dragged made a statement Ex.PW6/A that he had come to New Delhi railway Station in connection with his work and after completion of his work, he boarded a bus to Nangloi. At the Regal Cinema red light, some boys whose name he later learnt as Ashfaq, Mohabbat, Sabbu and Matin boarded the bus. While accused Ashfaq and Mohabbat stood ahead of him, accused Sabbu and Matin stood behind him and on suspicion that they will take out money from his pocket, he got down from the bus out of fear. All the four accused also got down from the bus and started snatching his belongings by dragging him towards the Palika parking. On raising alarm, accused Matin (appellant) took out a knife threatening him and in the meantime police officials came there and overpowered the accused persons. On this statement, HC Vinay Vats prepared a rukka and got the case registered. Accused persons were arrested and button actuated knife was recovered from accused Matin while blades were recovered from remaining accused. After completing investigation, charge -sheet was submitted against all of them. Charge for offence under Sec. 393/34 IPC was framed against all the four accused. Additionally, accused Matin was charged under Sec. 398 IPC and Sec. 25 of Arms Act.

(3.) In order to establish the guilt of accused persons, prosecution in all examined ten witnesses. In their statement recorded under Sec. 313 Cr.PC, the case of all the accused was one of denial simplicitor and it was alleged that after lifting them from Palam where they had gone to sell clothes, they were implicated falsely in this case.