KALI CHARAN Vs. STATE

JUDGEMENT

(1.) These five Appeals are directed against the common impugned judgment dated 29th March, 2014 passed by the Learned Additional Sessions Judge-II, (North West), Rohini Courts (ASJ) in Sessions Case No. 89/2012 arising out of FIR No.138/2012 registered at Police Station (PS) Model Town convicting the Appellants i.e. Kali Charan (Accused No.1: A-1), Sarvesh Kumar (A-3) Chander Bhan (A-4), Bimlesh (A-5) and Amit @ Mangroo (A- 6) for the offences under Section 120 B read with 395 IPC ; convicting A-1, A-3, A-4, A-6 and the proclaimed offender (PO) Anil (A-7) of the offence of committing dacoity at the house of Mr. Kishan Lal Manchanda (deceased) at A-176, Ground Floor, Gujranwala Town Part-I, Delhi punishable under Section 395 IPC; convicting Chander Bhan (A-4) for using a knife during the commission of the dacoity thus committing an offence punishable under Section 397 IPC; convicting Amit (A-6) who got recovered two gold kadas (wrist-bands) from his residence which were identified by Smt. Kamla Devi (PW-29) as those stolen from the house for the offence under Section 412 IPC; convicting A-1, A-3, A-4 and A-6 for the offence under Section 304 Part II read with Section 34 IPC. The benefit of doubt was given by the trial Court to Ram Kumar (A-2) who was acquitted of all the offences.

(2.) These appeals also challenge the order on sentence dated 16th April, 2014 whereby the accused were sentenced as under:

(3.) It must be mentioned at the outset that Anil (A-7), who was a proclaimed offender (PO) during the trial has continued to remain a PO till date. Case of the prosecution