RANJEET @ BIHARI Vs. STATE

JUDGEMENT

(1.) Ranjit A1, Rohit A2 and Neeraj Pal A3 impugns the judgment dated 12th November, 2013 and the order on sentence dated 25th November, 2013 passed by the learned Additional Sessions Judge, Rohini Courts, Delhi in Sessions Case No. 56/13 arising out of FIR No.107 of 2011, Police Station Begumpur u/s 392/397/411/482/34 IPC vide which A1 was convicted for offence u/s 392/397 of Indian Penal Code while A2 and A3 were convicted u/s 392/34 Indian Penal Code. They were acquitted of the charge under Section 471/34 IPC. A1 was sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs.2000/ -, in default to undergo 15 days simple imprisonment whereas A2 and A3 were sentenced to undergo rigorous imprisonment for a period of 7 years and fine of Rs.2000/ - in default to undergo simple imprisonment for a period of 15 days. Benefit of Section 428 Cr.P.C. was given to the convicts.

(2.) Prosecution case emanates from the fact that on 12th May, 2011, on receipt of information at Police Station Begumpur, vide DD No. 45B regarding robbery of yellow colour motorcycle make Apache bearing no. HR -13B 5996 at Pocket 21, Sector 24, Rohini, by three Pulsar motorcycle borne assailants on the point of pistol, SI Jitender Kumar (PW11) along with constable reached at the spot where they met the victim Himanshu (PW6) who gave his statement Ex.PW6/A regarding commission of robbery of motorcycle, gold chain, gold ring and gold kada on the point of pistol by three boys which resulted in registration of FIR Ex.PW1/A. Efforts were made to search the accused persons but in vain.

(3.) On 19th May, 2011, SI Satish Kumar (PW13) was entrusted with the investigation of the case FIR 113/11 u/s 395/397 IPC and Section 27 Arms Act, Police Station North Rohini. During the course of investigation, he arrested accused Ranjit @ Santosh @ Bihari, Rohit @ Mangal and Neeraj Pal vide arrest memos Ex.PW11/E1 to E3. The accused persons made disclosure statement Ex.PW11/F1 to PW11/F3 wherein they disclosed about their involvement in the present case. Accordingly, he informed Police Station Begumpur about the same. On receipt of this information, SI Jitender Kumar (PW11) got the production warrant issued of all the three accused persons on 3rd June, 2011 pursuant to which the accused persons were to be produced on 6 th June, 2011, however, only accused Neeraj Pal was produced who was arrested vide arrest memo Ex.PW9/A. SI Jitender Singh collected the arrest memos and disclosure statements of accused persons and recovery memo of motorcycle having fake number plate of DL 8SB 2501 from SI Satish Kumar.