SATENDER Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant being aggrieved by the judgment of conviction dated 11.07.2001 passed by the learned Additional Sessions Judge, Delhi convicting the appellant for the offence punishable under Sec. 393/452/34 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 19.07.2001, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs.500.00 for the offence under Sections 393/34 of IPC and in default of payment to further undergo rigorous imprisonment for two months. He was also sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs.500.00 for the offence under Sec. 452/34 of Penal Code and in default of payment to further undergo rigorous imprisonment for two months. In addition, the appellant has also been sentenced for rigorous imprisonment for one year with fine of Rs.500.00 for having possessed live cartridges ammunition under Sec. 25 of the Arms Act and in default of fine he was ordered to undergo RI for two months. All the sentences awarded to the appellant were ordered to run concurrently.

(2.) The present case was registered on the complaint of one Smt. Usha who had alleged in her complaint that she had been receiving a telephonic call for the last 3-4 days prior to the lodging of her complaint from a person stating that he was calling from courier and a dak was to be delivered at her residence and asked for the location of the house. According to the complainant, on 4.3.2000 while her husband was at her residence a telephone message was received from the courier and her husband told the said person about the location of House No.74, Type III, Lal Quarter, Timarpur. It is further stated that on 6.3.2000 at about 130 noon, a telephone call was received by her and she was told that caller is coming within half an hour. It was further alleged at about 1.30 PM a call bell of the house was knocked and when she peeped from the eye hole she saw one person pushing the bell. Upon inquiry, she was told that he had come from the courier. She opened the door and saw Razak standing outside her house and carrying one white color envelope, which he handed over to the complainant. For signing the receipt, she came inside the house for fetching a pen. Thereafter, another boy Satender, appellant herein, came inside the room and bolted the door, gagged her mouth and pointed a country made pistol, threatened her and asked where the jewellery was lying. She somehow got herself released from him, cried for help but the said accused persons left the house. In the meanwhile, her neighbourers Arvind Dwivedi and Balwinder Singh apprehended the appellant Satender and got recovered one country made pistol with two live cartridges. Thereafter, the accused Razak Ahmad was also apprehended with one prohibitory knife.

(3.) After completion of investigation, the challan was filed in court and charges under Sec. 393/398/452/34 of Penal Code were framed against the appellant vide order dated 05.09.2000, to which the appellant pleaded not guilty and claimed trial. In addition the appellant was also charged with the offence under Sec. 25 read with section 27 of the Arms Act, 1959 on 11.01.2001.