SUSHIL KUMAR SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal has been filed being aggrieved by the judgment of conviction dated 27.02.2002 convicting the appellant under Sec. 392 read with 397 Penal Code and order on sentence dated 28.02.2002 vide which the appellant was sentenced to undergo seven years rigorous imprisonment with fine of Rs. 2,000.00 for the offence under Sec. 392 read with 397 IPC. In default of payment of fine, the appellant has been ordered to further undergo simple imprisonment for one month.

(2.) The factual matrix emerging from the record is that on 13.07.1997, an information was received in the police station vide DD No. 28A regarding a robbery. On receipt of the said information, police reached the spot where complainant Aman Bagga met them who stated that he was dealing in lottery business. On 13.07.1997, he along with Mahender Singh and Ram Baksh were counting the payment of lotteries along with prize winning tickets of Haryana, Rajasthan, Nagaland, Manipur and Gujarat States. At about 10.45 p.m. three persons came at the business centre-cum-residence of the complainant. One boy was of fair complexion whereas two others were of wheatish complexion. The boy who was of fair complexion was holding country made pistol in his hand while others had knives. Those persons asked the complainant and his companions not to move, disconnected telephone connection, put them in a bathroom on the point of arms and took the lottery tickets in a bag alongwith cash of Rs. 1 lakh. Thereafter, they went away. The complainant broke open the door of the bathroom and came out.

(3.) On the basis of statement made by the complainant, FIR of the instant case was registered under Sec. 392/34 IPC. During investigation, it was revealed that one motorcycle bearing no.DL 7SF 2244 was found roaming in the street. Accused Sanjay Kumar, owner of the said motorcycle was apprehended who disclosed the names of other accused persons i.e. Manoj, Virender Singh, Sushil Kumar Sharma, Ajay, Diwan and Vinod in the conspiracy hatched by accused Manoj and Virender. On 17.07.1997, accused Sanjay was arrested. Thereafter, accused Diwan Singh @ Bablu and Vinod were arrested. Accused Sushil Kumar Sharma was also arrested and at his instance, looted cash, lottery tickets and a knife were recovered. He also got recovered the looted cash and lottery tickets and a knife from his shop. Thereafter, accused Manoj was arrested. After completion of investigation, charge sheet under Sections 395/397/398/412 Penal Code and Sec. 25 of the Arms Act was filed in the Court. A supplementary charge sheet was filed against accused Virender for the offence under Sections 395/397/120-B IPC.