BHAGAT SINGH @ SONU Vs. THE STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 28.07.2014 of learned Addl. Sessions Judge in Sessions Case No.19/2013 arising out of FIR No.47/2011 PS Prashant Vihar by which the appellant ­ Bhagat Singh @ Sonu was convicted for committing offences punishable under Sections 365/392/328/506 -II/34 IPC. By an order dated 30.07.2014, he was awarded various prison terms with fine. The substantive sentences were to operate concurrently.

(2.) Allegations in brief as stated in the charge -sheet were that on 29.01.2011 at around 05.30 p.m. near Gate No.5, Main Road Metro Walk, Sector 12, Rohini, the appellant and his associates Gurnam Singh and P.P.Singh (not arrested) in furtherance of common intention robbed complainant Brij Mohan of vehicle bearing registration No.DL -4C -AE -2290 belonging to his employer Sachin Goel, driving licence, Rs.1000/ - and a mobile phone while armed with deadly weapons. The complainant was abducted and taken to Samalkha. He was criminally intimidated and forced to consume alcohol.

(3.) On 29.01.2011, Sachin Goel along with his wife and children had gone to Metro Walk, Rohini, in his Innova car bearing No.DL -4C -AE - 2290 driven by his driver Brij Mohan. At about 05.30 p.m., after leaving Innova car outside the Metro Walk main road, he along with his wife went inside for shopping. After about 30 ­ 45 minutes when they came out, the vehicle and the driver were not found there. Sachin Goel tried his best to search the car and driver but in vain. He made call at 100. The Investigating Officer from Prashant Vihar recorded his statement (Ex.PW - 1/A). Initially, the Investigating Officer suspected Brij Mohan, the driver of the vehicle, to have misappropriated the vehicle and case under Section 408 IPC was registered. Subsequently, it revealed that Brij Mohan was a victim and was abducted by the appellant and his associates while armed with deadly weapons. He was taken to a secluded place near Samalkha (Haryana) and was robbed of the vehicle. The assailants fled the spot along with vehicle. ASI Balraj Singh and Const.Kartar Singh from PS Samalkha while on patrolling duty met Brij Mohan and on enquiry, he disclosed about robbery by three individuals including one sikh gentleman. He was brought to PS Samalkha where his statement vide DD No.42 (PW -5/A) was recorded. He was asked to lodge the report with the concerned police station of PS Prashant Vihar. The Investigating Officer after recording his statement (Ex.PW -2/A) registered the case. Efforts were made to find out the assailants but to no effect. Sketches (Marks PW -2/A1 to PW -2/A3) were prepared for identification purpose.