SURENDER AND ORS. Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Aggrieved by a judgment dated 16.08.2013 of learned Addl. Sessions Judge in Sessions Case No. 29/10 arising out of FIR No. 52/10 PS Bhalswa Dairy by which the appellants - Surender (A -1) and Sanjay (A -2) were held guilty for committing offences punishable under Ss. 458/392/394/34 IPC and A -1 also under Sec. 397 IPC, the instant appeals have been preferred by them. By an order dated 21.08.2013, the appellants were sentenced to undergo RI for seven years with fine Rs. 5,000/ - under Sec. 458 IPC; RI for five years with fine Rs. 2,000/ - under Sec. 394 IPC; and, RI for three years with fine Rs. 1,000/ - under Sec. 392 IPC each. A -1 was further sentenced to undergo RI for four years with fine Rs. 2,000/ - under Sec. 397 IPC. The substantive sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as stated in the charge -sheet was that on 09.04.2010 at around 09.30 p.m. the appellants in furtherance of common intention committed lurking house -trespass by night after having made preparation to cause hurt at House No.B -175, 1st Floor, Veer Bazar Road, Mukundpur Part -I, Delhi belonging to complainant - Pinki Aggarwal. They while armed with a knife robbed Pinki Aggarwal of her gold chain and inflicted injuries to her. The incident was conveyed to the police and Daily Diary (DD) No. 53 -B (Ex. PW -8/A) came into existence at 10.50 p.m. The investigation was assigned to ASI Rajeshwar who along with Const. Sudhir went to the spot. After recording victim's statement (Ex. PW -1/A), the Investigating Officer lodged First Information Report. The complainant was medically examined. The accused persons were arrested. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge -sheet was filed against both the appellants in the Court. In order to establish its case, the prosecution examined eleven witnesses. In 313 Cr.P.C. statements, the appellants denied their involvement in the crime and pleaded false implication. The trial resulted in their conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeals have been preferred.

(3.) I have heard the learned counsel for the parties and have examined the file minutely. Information conveyed to the police at the earliest vide Daily Diary (DD) No. 53 -B (Ex. PW -8/A) recorded at 10.50 p.m. was to the effect that a 'thief has been apprehended committing theft at the house in question. In her complaint (Ex. PW -1/A), complainant -Pinki Aggarwal disclosed that at around 09.30 p.m., her sister -in -law Arti Aggarwal informed her about the presence of an 'individual' in the balcony in the house. After coming out, she saw both A -1 and A -2, who lived in her neighbourhood present there. When she enquired as to what they wanted, A -1 assaulted her with a knife in his hand and inflicted injuries to her on finger and left thigh. On raising alarm, her husband arrived at the spot and A -1 was apprehended; A -2 succeeded to flee the spot taking away her gold chain. Call was made to the police at 100; PCR arrived at the spot and got her admitted in the hospital where her statement was recorded.