(1.) Criminal Appeal Nos. 430/2002, 545/2003 and 328/2005 seek to challenge the common judgment and order of the Additional Sessions Judge dated 16.2.2002 in Sessions Case No. 92/1997, arising out of FIR No. 177/97, Police Station, Sriniwaspuri, whereby the learned Judge has held Mahabir, Jalvir and Mahesh guilty of the offences under Section 394/302/34 IPC. Further, by a separate order of the same date, the learned Judge has sentenced all the three appellants to undergo rigorous imprisonment for ten years under Section 394/34 IPC and a fine of Rs. 500/- each, in default of payment of fine further simple imprisonment for one month each. The learned Judge has also sentenced the appellants under Section 302/34 IPC to life imprisonment and a fine of Rs. 500/- each and in default of payment of fine, further simple imprisonment for one month each.
(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are :
(3.) The Prosecution, in order to prove its case, examined 19 witnesses. Of these, Complainant, PW-4, Smt. Seema Sharma, is the eye-witness to the incident. Inspector Aman Sagar is the Investigating Officer who recorded the statement of Smt. Seema Sharma and sent the same through PW-8, Constable Om Prakash, for registration of the FIR. PW-7, HC Surender Kumar, on receipt of the rukka, recorded the FIR, Ex. PW-7/A. The scene of the crime was photographed. The Investigating Officer seized broken pieces of bangles and blouse lying at the place of incidence. Crime team was called. PW-17, SI Ravinder Singh Yadav, prepared the crime team report/Ex. PW-17/A, and lifted the finger prints. PW-14, SI Madanpal prepared the site plan of the place of incidence, Ex. PW-14/A. Accused Mahesh and Mahabir were arrested on 10.3.1997 by PW-15, Inspector Suresh Kaushik, of Police Station Hazrat Nizamuddin. The VCR was recovered from the car and the golden ear rings from the pocket of the trousers.