MOHD SOHAIB Vs. STATE

JUDGEMENT

(1.) These appeals by Mohd. Sohaib (A-1) and Annas (A-2) are directed against the impugned judgment dated 11th October 2002 passed by the learned Additional Sessions Judge, Delhi ("ASJ") in Sessions Case No. 56 of 1999 arising out of FIR No. 70 of 1999 registered at Police Station ("PS") Timarpur, convicting both the Appellants for the offences punishable under Sections 302 and 392 read with Section 34 Indian Penal Code ("IPC") and Section 394 IPC. Additionally, A-2 was held guilty and convicted for an offence punishable under Section 392 read with Section 397 IPC and A-1 was convicted for an offence punishable under Section 25 Arms Act.

(2.) These appeals are also directed against an order on sentence dated 22nd October 2002 whereby, for the offence punishable under Section 302 IPC, both A-1 and A-2 were sentenced to undergo imprisonment for life and pay a fine of Rs. 5,000/- each and in default of payment of fine, to undergo rigorous imprisonment for two years each. For the offence punishable under Section 392 IPC, they were sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo rigorous imprisonment for nine months each. Further, for the offence under Section 394 IPC, they were sentenced to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo rigorous imprisonment for nine months each. A-2 was sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 397 IPC. A-1 was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- for the offence punishable under Section 25 Arms Act and in default of payment of fine, to undergo rigorous imprisonment for three months. The sentences were directed to run concurrently. Background

(3.) Information was received from the Wireless Operator at the Police Post Burari at around 8.15 am on 10th February 1999 that one person Javed Ahmed (PW-15) had been robbed of his Yamaha motorcycle bearing registration DL-1S-3711 and Rs. 50,000/- at Pepsi Road, Harit Vihar, Delhi. This was noted down as DD No. 3 and assigned to Head Constable ("HC") Ranbir Singh for appropriate action.