NAVEEN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Vide judgment dated 24th Dec., 2014, impugned in these appeals, trial court has convicted the appellants under Sections 392/397/482/34 Penal Code besides Sections 25/27/54/59 of the Arms Act. Appellant-Naveen has also been convicted under Sec. 411 IPC. Vide order on sentence dated 24th Dec., 2014 appellants have been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.2,000.00 each and in default of payment of fine to undergo simple imprisonment for 2 months under Sec. 392/34 IPC; rigorous imprisonment for 7 years with fine of Rs.2,000.00 and in default of payment of fine to undergo simple imprisonment for 2 months under Sec. 397 IPC; rigorous imprisonment for 1 year with fine of Rs.500.00 and in default of payment of fine to undergo simple imprisonment for 1 month under Sec. 482/34 Penal Code and rigorous imprisonment for 2 years with fine of Rs.1,000.00 and in default of payment of fine to undergo simple imprisonment for 2 months for the offence under Sec. 25 of the Arms Act and rigorous imprisonment for 3 years with fine of Rs.2,000.00 each and in default of payment of fine to undergo simple imprisonment for 2 months under Sec. 27 of the Arms Act. Appellant-Naveen has also been awarded sentence of rigorous imprisonment for 2 years with fine of Rs.500.00 and in default of payment of fine to undergo simple imprisonment for 1 month for the offence under Sec. 411 IPC. All the sentences have been directed to run concurrently, inasmuch as, benefit of Sec. 428 Crimial P.C. has been given to the appellants.

(2.) Aggrieved by their conviction as also the quantum of sentences awarded to them, appellants have preferred these appeals, which are disposed of together.

(3.) As per the prosecution, at about 4 p.m. on 12th Oct., 2012 police control room sent an information to the police station Hari Nagar that one snatcher was apprehended with arms at 4/5, Vaidik Marg, Ashok Nagar, Delhi and pursuant to this information, DD No. 54B (PW6/A) was recorded and handed over to SI Surender Ahlawat (PW11) for investigation who, along with Const. Rajender Kumar (PW10), reached the spot and met victim-Smt. Jaswant Kaur (PW1) and recorded her statement (Ex. PW1/A); wherein she stated that on 12th Oct., 2012 at about 3:40 pm while she was returning home after buying bread from a dhaba, two boys came on a motorcycle bearing No. DL-6SAJ-5546 when she reached near the Satya Narayan temple and stopped the motorcycle near her. Pillion rider (Naveen) showed a knife to her while the other boy (Sanjeev), who was driving the motorcycle, showed her a pistol. Naveen snatched the gold chain which she was wearing. Thereafter, both of them started running. She raised an alarm chor-chor, pakro-pakro. One passerby, (PW2 Inder Mohan Singh @ Goldi) pushed the motorcycle as a consequence whereof Naveen and Sanjeev fell down on the road and were caught by the public which gathered there. In the meanwhile, PW11 SI Surender Singh along with his staff came there and took Sanjeev and Naveen in his custody. From the personal search of Sanjeev, one loaded pistol with two live cartridges were recovered; while a knife and one gold chain weighing about 10 gms. were recovered from the personal search of Naveen.