BHAGWAN Vs. STATE OF DELHI

JUDGEMENT

(1.) In this appeal the two appellants have challenged their conviction for the offences punishable under Sections 460, 392/397/34 and 302/34 IPC and Section 25 of the Arms Act vide judgment dated 29-04-2003 passed by the learned Additional Sessions Judge, New Delhi in Sessions Case No. 107/97/88.

(2.) The case of the prosecution as noticed by the trial Court in its judgment is as follows:-

(3.) In respect of recoveries of kattas and cartridges recovered from the possession of the two appellants-accused, two separate FIRs were registered under Section 25 of the Arms Act (being FIR No.439/87 and 440/87) at Punjabi Bagh Police Station. In due course three separate charge-sheets were filed in Court by police one of which was in respect of the incident of bank robbery and the other two were in respect of the two cases under the Arms Act against both the appellants herein. Finally all the three charge sheets came to be committed to Sessions Court to be dealt with by one court ""material witnesses were common. In the Sessions Court all the three cases were clubbed with the consent of both the sides and evidence was recorded in the main case of robbery-cum- murder to be read for all the three cases. The prosecution had examined thirty five witnesses in support of its case against the two accused persons. When examined under Section 313 Cr.P.C. both the accused denied the prosecution case in its entirety and pleaded false implication. They also adduced two witnesses in each their defence to show that both of them had not been arrested on 21/22.9.87 but in fact had actually been lifted from their houses on 16/17.9.87 when their houses were also searched by the police and had not found anything incriminating during those searches. After hearing learned counsel for both the accused persons and considering the prosecution as well as defence evidence learned trial Court convicted both the accused persons for the offences for which they were charged. And the order on sentence dated 7-5-2003 whereby both the appellants were sentenced to life imprisonment with a fine of Rs. 10,000/- in default of payment of which they were further sentenced to six months" rigorous imprisonment under Sections 302 and 460 IPC each. They were also sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- each in default of payment to further undergo rigorous imprisonment for six months each under Section 392/397/34 IPC besides sentence of rigorous imprisonment for two years and fine of Rs. 1000/- each in default of payment of which they were to undergo further rigorous imprisonment for one month each under Section 25 of the Arms Act. Feeling aggrieved, the convicted accused persons have come up in appeal.