DALJEET Vs. STATE OF DELHI

JUDGEMENT

(1.) Vide the present appeal, the appellants seek setting aside of the judgment dated 30.04.2002 passed by the learned Additional Sessions Judge, Delhi, in Sessions Case No.69/2000, whereby the appellants were held guilty and convicted for the offence punishable under Sections 392 read with 34 and 394 read with 34 of the Indian Penal Code, 1860 ('IPC') and order on sentence dated 02.05.2002, whereby they were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/ -, in default to suffer further rigorous imprisonment for six months under Section 394 IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/ -, in default to suffer further rigorous imprisonment for six months under Section 392 IPC.

(2.) In nutshell, case of the prosecution is that on 17.06.2000, on receipt of DD No.20B, SI Hardeep Singh (PW10) Investigating Officer of the case alongwith a constable went to the spot, i.e., H. No.C -3/234, Janakpuri, where a large crowd of people was present and was giving beatings to a person. On enquiry, name of the said person revealed as Rajesh S/o Sh. Jamun Parshad, who was having a country made pistol. Complainant Ram Avtar Goel (PW1) made a statement Ex. PW1/A,whereby stated that he was residing at the aforesaid address and run a kiryana shop at C -4E Market, Janakpuri, and on that day he alongwith his son Amit Goel (PW4) was returning to his house on Scooter No.DL 4SQ 8393 after closing the shop. PW4 was driving the said scooter and the complainant was the pillion rider. At about 9.30 PM, when they reached in front of their house, three boys came on a scooter from behind, one of them gave a blow on his hip with an iron object due to which he fell down and then the said person pointed out a country made pistol on him and threatened him to hand over the bag to him or he would be shot. Then the other boy snatched the bag from his hand containing Rs.30,000/ -. The third boy was sitting on the scooter. Complainant and his son raised an alarm and some neighbours came there. Out of the three boys, two boys managed to escape from the spot alongwith the bag, while the third body holding the katta was apprehended by the public with the scooter bearing No. DL 2SJ 5720 and the katta. The Investigating Officer seized the scooter vide memo Ex. PW1/B and the country made pistol vide memo Ex. PW1/C. PW1 also stated that he could identify the other two boys.

(3.) During the course of investigation, other two accused Daljeet and Ravi, i.e., the appellants herein were also apprehended. Their test identification parade was got conducted. Accordingly, chargesheet was filed. Charges for offences punishable under Sections 392/34 IPC and 394/34 IPC were framed against both the appellants and other co -accused, to which they pleaded not guilty and claimed trial. In support of its case, the prosecution has examined eleven witnesses in all including the eye witnesses, namely, Ram Avtar Goel (PW1) complainant and Amit Goel (PW4).