LAKHN SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos. 101 and 102 of 2006 seek to challenge judgment and order of Additional Sessions Judge, New Delhi, in Sessions Case No. 54 of 2004 arising out of F.I.R. No. 1386 of 1998, registered at Police Station Malviya Nagar, whereby the learned judge vide his judgment and order dated 28.01.2006 held the appellants, namely, Lakhan Singh and Hargovind, guilty for an offence under Section 396 IPC. Further by his order dated 31.01.2006, has sentenced both the appellants to Rigorous Imprisonment for life together with fine of Rs. 5,000/- each and in default of payment of fine, further Rigorous Imprisonment for six months under Section 396 IPC.

(2.) Brief facts of the case as have been noted by the learned judge in judgment under challenge are as under:-

(3.) Prosecution in order to establish its case examined as many as 38 witnesses. Of these, the material one's are PW-15, Neelesh Kumar Singh, who was son of the Chowkidar and was performing the Chowkidari duty on 26.12.1998. He states that on 26.12.1998, he was doing his father's duty of Chowkidar in Gali No. 50, M-Block, Saket and at about 1:05 a.m., he went to answer the call of nature and saw 5-7 persons going by the side of nalla at low level who on seeing him stood up and asked him to run away and not to disclose their presence. The witness informed his father who along with him came to the place where he had last seen 5-7 persons but there was nobody there. The witness goes on to state that he cannot identify any of the accused persons due to darkness. PW-32 is SI Gyanender Singh, the Finger Prints Expert, who deposes that on 24.3.1999, he examined the chance prints and found that they were not identical to the finger/palm prints of the persons mentioned in the report. The chance prints were either hazy partial or smudged and did not disclose sufficient number of ridges to make a positive comparison.