NAUSHAD @ SHAMIM Vs. STATE

JUDGEMENT

(1.) By a common impugned judgment dated January 12, 2015 Rahul has been convicted for offences punishable under Section 397 IPC and Sections 25 and 27 Arms Act whereas Naushad @ Shamim has been convicted for the offence punishable under Section 392 IPC. Vide the order on sentence dated January 17, 2015 Rahul has been awarded rigorous imprisonment for 7 years, the minimum sentence prescribed for the offence punishable under Section 397 IPC and a fine of Rs.20,000/ - in default whereof to undergo simple imprisonment for 6 months, rigorous imprisonment for 5 years for the offence punishable under Section 27 Arms Act and a fine of Rs.10,000/ -, in default whereof to undergo simple imprisonment for 5 months, rigorous imprisonment for 3 years for the offence punishable under Section 25 Arms Act and a fine of Rs.5,000/ -, in default whereof to undergo simple imprisonment for 3 months. Naushad has been sentenced to rigorous imprisonment for 7 years for the offence punishable under Section 392 IPC and a fine of Rs.20,000/ - and in default whereof to undergo simple imprisonment for 6 months.

(2.) FIR No. 201/2010 was registered under Sections 392/411/34 IPC and 27 Arms Act on the complaint of Dushyant Singh PW -1 who stated that he had come for training in Delhi with his friend Tarun Kumar and while they were going back to Hapur, they reached at ISBT Kashmere Gate, from where they boarded a DTC bus for Harsh Vihar. Around 7.30 PM when the bus reached 66 feet road, two boys came near him and stood by his side. He and his friend were standing near the rear gate. When the bus stopped near Welcome Pulia, one boy whose name he came to know later on as Rahul put a knife on his stomach and the other boy whose name he came to know later on as Naushad @ Shamim took out his Nokia 2700 mobile phone with SIM No. 8126502309. His friend Tarun caught hold of Shamim @ Naushad and a person named Kamta Prasad who was working as Head Constable in Delhi Police caught hold of Rahul and knife was recovered from him. From the spot they went to police station and lodged the FIR. Thus apprehension of both Rahul and Naushad was at the spot. Pursuant to a charge sheet being filed, charge for offences punishable under Sections 392/411/34 IPC, 25 Arms Act was framed against both Rahul and Naushad vide order dated February 22, 2011. Dushyant Singh, the complainant and Tarun Kumar his friend were examined as PW -1 and PW -2 by the Metropolitan Magistrate and in view of the statement of the two witnesses that one boy i.e. Rahul put knife on the body of Dushyant Singh, the learned Metropolitan Magistrate vide its order dated April 24, 2012 formed an opinion that prima facie case for offence punishable under Section 397 IPC was made out, which was triable by the Court of Sessions and hence acting under Section 323 Cr.PC the matter was committed to the Sessions Court.

(3.) Learned ASJ vide order dated August 17, 2012 framed charges for offences punishable under Sections 392/34 and 397/34 IPC against Rahul and Naushad besides Sections 25/27 Arms Act against Rahul and Section 411 IPC against Naushad.