DHANANJAY @ BUNTY Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 17th February 2004 passed by the learned Additional Sessions Judge, New Delhi in SC No.75A/2001 arising out of FIR No.197/2001 registered at PS Najafgarh convicting the Appellant for the offences under Sections 397 and 302 IPC and the order on sentence dated 20th February 2004 whereby, for the offence under Section 302 IPC, he was sentenced to imprisonment for life with fine of Rs. 500/- and in default of payment, to undergo rigorous imprisonment for one year; and for the offence under Section 397 IPC, he was sentenced to 7 years rigorous imprisonment with fine of Rs. 500/- and in default of payment, to undergo rigorous imprisonment for a further six months. The sentences were directed to run concurrently.

(2.) The present Appellant ("A-1") was sent up for trial along with four other co-accused, viz. Narender @ Bholu ("A-2"), Praveen ("A-3"), Sunil ("A-4"), and Rajesh ("A-5"). The charge against them was that at around 11:15 am on 18th April 2001, in Laxmi Garden, near H.No.C-21, Najafgarh, all of them committed robbery while armed with a deadly weapon (a firearm) by snatching a bag containing Rs. 75,000/- from the possession of the deceased Sunil and thereby committed the offence punishable under Section 397/120B IPC. They were also charged with having murdered the deceased by firing a shot with the intention of causing death and thereby committed the offence punishable under Section 302/120B. An alternative charge was framed against the five accused of having committed the murder of the deceased while committing dacoity and thereby committing the offence punishable under Section 396 IPC.

(3.) The case of prosecution is that a message was received in the Police Control Room ("PCR") at 11:22 am on 18th April 2001 from one Rajnath (not examined) about the above incident in which a man had been shot. It is also mentioned that three men had come in a white Maruti car, intercepted the deceased, attempted to snatch the money bag from him, and having failed to do so fired a shot at the chest of the deceased resulting in his death. Thereafter, they picked up the money bag and fled. There is a further noting at 11:37 am on the said PCR form that the number plate contained numbers in such small letters that it was impossible to read. There is also DD No.15A recorded at 11:24 am at PS Najafgarh about a man having been found dead near H.No.C-21, Najafgarh near Laxmi Garden.