MESSAR ALI Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed being aggrieved by the judgment of conviction dated 25.05.2000 convicting the appellant under Sec. 397 r/w Sec. 34 Penal Code and also Sec. 411 Penal Code and order on sentence dated 26.05.2000 vide which the appellant was sentenced to undergo seven years rigorous imprisonment with fine of Rs. 5,000.00 for the offence under Sec. 397 read with 34 IPC, in default of payment of fine, the appellant had been ordered to further undergo simple imprisonment for six months. The appellant was sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1,000.00 and in default of payment of fine 3 months simple imprisonment for the offence punishable under Sec. 411 IPC. Appellant was further sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,000.00, and in default of payment further SI for three months for the offence punishable under Sec. 27/54/59 Arms Act.

(2.) The factual matrix emerging from the record is that on 105.1998, Constable Ajai Kumar along with SI Sanjiv Sharma and Constable Giriraj was present in Yamuna Vihar for the purpose of checking vehicles. At about 9.30 PM, TSR No. DL 1R 8643 came from the side of Seelampur and an alarm was being raised in the T.S.R of "bachao bachao" and on hearing the same, the vehicle was stopped by the police. The driver of the TSR, accused Saleem (juvenile), tried to flee the spot but was apprehended by Const. Ajai Kumar. Accused Kishore @ Kalu (juvenile) was sitting beside the driver while other occupants were found to be accused Messar Ali and Mehboob. Accused Messar Ali was found to possess a buttondar knife whereas accused Mehboob was found to possess a khukhri on his person. Upon inquiry of the accused, it was found that they had robbed one Rakesh Kumar Bhatnagar of two currency notes of Rs. 100 each, which were recovered from the pocket of the shirt of accused Messar Ali, whereas robbed wrist watch was recovered from co-accused Mehboob.

(3.) Subsequently, on the recording of statement of complainant Rakesh Kumar, FIR No. 251/98 was lodged under Sections 394/412/34 IPC. A separate FIR No. 252/1998 was lodged against accused Messar Ali under Sec. 27/54/59 Arms Act. Thereafter, accused was arrested and upon completion of investigation, charge sheet was filed against accused Messar and Mehboob under Sections 397 r/w Sec. 34 IPC, along with Sec. 411 Penal Code (S.C. No.88/1998). A separate charge sheet was also filed u/s 27/54/59 Arms Act against accused Messar Ali (S.C. No. 88/1998). The learned Trial Court clubbed both the cases and passed a common judgment which is under challenge.