RAVINDER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By the common impugned judgement dated November 14, 2014 both Ravinder and Avinash have been held guilty for offence punishable under Sections 392/34 IPC besides Avinash was also held guilty for offence punishable under Section 397 IPC. Vide order on sentence dated November 14, 2014 Ravinder has been awarded sentence of simple imprisonment for a period of four years besides the fine of Rs.5,000/ - and Avinash has been awarded simple imprisonment for a period of seven years besides a fine of Rs.5,000/ - in default whereof both the appellants have been directed to undergo simple imprisonment for a period of 30 days. Sumit @ Bachichi and Yogesh @ Kalu who were also charged along with Ravinder and Avinash have been acquitted by the impugned judgment. In the absence of any challenge to their acquittal, this Court is only concerned with the convictions of Ravinder and Avinash in the present appeals.

(2.) Process of law was set into motion when HC Chintamani, PW -7 sent a PCR message at 8.45 PM on December 22, 2009 recorded vide DD No.28A at PS Samaipur Badli, informing that three boys were beating and robbing one boy, a pistol has been found and HC Chintamani was coming along with the boys to the police station. At the Police Station, statement of Dharmender Ex.PW -2/B was recorded wherein he stated that he was residing at Nehru Enclave and was working in a private company at Gurgaon. He took bus from Karnal by -pass and got down near the Siraspur Gurudwara bus stand. While he was walking down towards his house at around 8.30 PM suddenly four boys came towards him swiftly and gheraoed him. Before he could understand anything, one of the boys took out a pistol like instrument which he came to know later was an airgun and kept it on his left ear. The three other boys caught hold of him. The boy who had kept the airgun on his ear asked him to take out whatever was in possession of the complainant. The boys also assaulted him with slaps and fists. Being afraid, the complainant gave his purse which was snatched away immediately by the boy who was carrying the pistol. The other boy took out his mobile phone Nokia from his pocket. The boy who was having the pistol gave the purse to another boy whereafter the fourth boy snatched the bag from his shoulder. While the four boys were running away, Dharmender shouted due to which two police officers came running from the PCR van which was at some distance and they caught hold of two boys out of the four. The name of the boy who had kept the airgun on his ear was revealed as Avinash s/o Bahadur Singh and the other boy who had taken out the mobile was revealed as Ravinder s/o Inderjeet. Thereafter the PCR police officials took him and the two boys to the Police Station where his statement was recorded.

(3.) Before Court Dharmender deposed in sync with his statement on the basis of which FIR was registered, which was also supported by HC Chintamani PW -7, the officer who apprehended the two boys at the spot.