ROSHAN LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) Present appeal has been preferred by the appellant being aggrieved by the judgment of conviction dated 01.07.2000, passed by the learned Additional Sessions Judge, Delhi, thereby convicting the appellant - Roshan for the offences under Sec. 392/394 of IPC. He was also held guilty for commission of offence under Sec. 392 read with section 397 of IPC. The appellant has also challenged the order on sentence dated 04.07.2000 passed by learned Additional Sessions Judge whereby the he has been sentenced to undergo rigorous imprisonment for a period of ten years for the offence under Sec. 392 read with section 397 of Penal Code with fine of Rs.200.00 and in default to further undergo rigorous imprisonment for ten days and in addition, he was ordered to undergo rigorous imprisonment for 7 years with fine of Rs.300.00 and indefault, to further undergo rigorous imprisonment for 15 days for the offence under Sec. 394 of IPC.

(2.) The facts emerging from the impugned judgment are that five accused persons viz Kamlesh, Roshan, subhash @ Pancho, Hardeep @ Takla and Govind were sent by Police Station Mayur Vihar for the trial of the offence under Sec. 394/397/412/34 of Penal Code in relation to the incident that occurred in a bus on 28.11998 at about 10.15 AM. Victim Ram Dulare was alleged to have been robbed of his hand bag containing Rs.39,330.00, bank account payee cheques for about 1 lakh 30 thousand, identity card and few papers including his passbook and pass book of Super Bazar Society and keys of cash chest at the point of knife and during that course was also injured. Since after the committing of the case to the court of Sessions, the case was received on allocation by this court. On the consideration of the police report and the material submitted therewith, in the absence of admissible evidence available with the prosecution, the accused persons Subhash, Hardeep @ Takla and Govind were discharged at the stage of consideration of charge and the remaining two accused persons Kamlesh and Roshan were charged for the offence under Sec. 392/394/34 Penal Code and the accused Roshan was also charged for the offence under Sec. 392 read with section 397 of Penal Code and under Sec. 411 IPC. To the said charges the appellants did not plead guilty and claimed trial.

(3.) To bring home the guilt of the appellants, the prosecution examined as many as 16 witnesses. They are, Vinod Kumar (PW-1); Kewal Chand (PW-2); Soban Singh (PW-3); Ram Dulare (PW-4); Head Constable Shiv Kumar (PW-5); Constable Lalit Kumar (PW-6); Constable Om Prakash (PW-7); Ashwani Sachdeva (PW-8); Sub- Inspector Ram Narain (PW-9); Constable Rajesh (PW-10); Constable Rajender (PW-11); Sub-Inspector D.P. Singh (PW-12); Head Constable Satender (PW-13); Dr. B.D. Singh (PW-14); Sub-Inspector M.A. Khan (PW-15); and Head Constable Shiv Kumar (PW-16).