GOPAL Vs. STATE (GOVT OF NCT DELHI)

JUDGEMENT

(1.) The appellants in these three appeals were sent up for trial on the basis of the report under section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on 09.10.2012 in the court of the Metropolitan Magistrate on conclusion of investigation into first information report (FIR) no.118/12 of police station Civil Lines. After the Magistrate had taken cognisance and issued process, and compliance had been made with the provisions contained in Section 207 Cr. PC, the case was committed to sessions. The sessions court, presided over by Additional Sessions Judge-03 (Central), put the appellants on trial on charge for offences punishable under Sections 392/394/397 read with Section 34 of Indian Penal Code, 1860 (IPC) framed on 26.11.2012. The prosecution led evidence and on conclusion of the trial, the appellants were held guilty and convicted, as charged, by judgment dated 29.07.2015. By subsequent order dated 01.08.2015, punishment was meted out to each of them. The said judgment and order on sentence have been assailed through the appeals at hand.

(2.) The background facts need to be taken note of, albeit briefly, for purposes of directions that are found necessary in these proceedings.

(3.) The FIR no.118/12 of police station, Civil Lines from which the present case arises was registered on 07.07.2012 at 8.15 p.m. on the statement (Ex. PW1/A) of Kulwant Rai (PW-1), the victim of the offences. The incident which was reported by PW-1 in the said FIR had statedly occurred at about 8.00 p.m. on the previous day i.e. 06.07.2012 in the area of Bonta Park, Civil Lines, Delhi. It is stated that PW-1, accompanied by his friends Purushottam (PW-2) and Sushil (PW-3), had gone to the said place for an evening walk. While three of them were sitting on a stone slab near a jhuggi, they were accosted by two persons each aged about 25 years. It is alleged that the two said persons were armed with knives and at the pointing of the said weapons, they asked for the valuables to be handed over. While PW-2 and PW-3 fled away from the scene, the first informant (PW-1), a person aged 61 years, could not escape. He alleged in the FIR that he was assaulted by the said two young persons who inflicted knife injuries on him and relieved him of his valuables which included cash Rs. 6,000/-, a mobile phone make Nokia E-71 (Ex. P1), a wrist watch make Titan, a kada of gold weighing about 7 tolas and some personal documents.