SHRI BALRAM Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 17.07.2015 of learned Addl. Sessions Judge in Sessions Case No.36/2013 arising out of FIR No.301/2012 PS Khyala whereby Shri Balram (A-1) was held guilty for committing offences punishable under Sections 452/392/34 read with Section 397 IPC; and Mohd. Wasim @ Pappu @ Riaz (A-2) was convicted under Sections 452/392/34 IPC, the instant appeals have been preferred by them. By an order dated 20.07.2015, they were awarded various prison terms with fine.

(2.) Briefly stated, the prosecution case as reflected in the charge- sheet was that on 21.12.2012 at about 05.00 a.m. at P-217, Raghubir Nagar, Delhi, the appellants armed with knives in furtherance of common intention robbed victims ­ Arjun, Virender, Sanjesh and Anil Kumar of their cash, mobiles and gold ornaments. The incident was reported to the police and Daily Diary (DD) No.6A (Ex.PW-8/A) came to be recorded at 06.20 a.m. at PS Khayala. The Investigating Officer after recording Arjun's statement (Ex.PW-4/A) lodged First Information Report. During investigation, statements of the witnesses conversant with the facts were recorded. The accused persons were arrested. The application for conducting Test Identification Proceedings was moved. Upon completion of investigation, a charge-sheet was filed against both the appellants in the Court. The prosecution examined eight witnesses to prove its case. In 313 Cr.P.C. statement, the appellants denied their involvement in the crime and pleaded false implication. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeals have been preferred by them.

(3.) I have heard the learned counsel for the parties and have examined the file. The occurrence took place on 21.12.2012 at around 05.00 a.m. The incident was conveyed to the police promptly without any delay and DD No.6A (Ex.PW-8/A) came into existence at 06.20 a.m. It was informed therein that at P-217, Raghubir Nagar, 3 ­ 4 individuals had robbed the inmates after showing knife and gun. The victim in his statement (Ex.PW-4/A) to the police gave detailed account as to how and in what manner, they were robbed by two assailants armed with knife and danda. Since the FIR was lodged without any delay there was least possibility of the complainant to fabricate a false story particularly when the assailants were not named by him in the complaint.