MUKESH @ KIRPAL Vs. STATE

JUDGEMENT

(1.) The appellant/applicant Mukesh @ Kirpal s/o Sudan Singh vide the present Criminal Appeal No. 959/2004 assails the impugned judgment dated 21.08.2004 in Sessions Case No. 43/02 in relation to FIR No.750/01, PS Paschim Vihar wherein he was held guilty and convicted qua the offence punishable under Sections 392/394/397/384/34 of the Indian Penal Code, 1860 and vide the impugned order on sentence dated 23.08.2004, was sentenced to undergo Rigorous Imprisonment for a period of 7 years and to pay a fine of Rs.500/- and in default of the payment of the fine to further undergo SI for a period of one month qua the offence punishable under Section 392 of the Indian Penal Code, 1860 and was also sentenced to undergo RI for a period of 7 years, to pay a fine of Rs.500/- and in default of the payment of the fine to further undergo SI for a period of one month qua the offence punishable under Section 394 of the Indian Penal Code, 1860 and was further sentenced to undergo RI for a period of 7 years qua the offence punishable under Section 397 of the Indian Penal Code, 1860 and was also sentenced to undergo RI for a period of 3 years, to pay a fine of Rs.100/- and in default of the payment of the fine to further undergo SI for a period of 10 days qua the offence punishable under Section 384 of the Indian Penal Code, 1860 with it having been directed that all the sentences would run concurrently with the benefit of Section 428 of the Cr.P.C., 1973 having been given to the convict, i.e., the appellant herein.

(2.) In terms of the proceedings dated 04.06.2018, the nominal roll dated 11.06.2018 has been received from the Superintendent Central Jail-01, Tihar, New Delhi indicating that the appellant as on 29.04.2008 had undergone a period of 6 years 4 months and 10 days of incarceration with the appellant having earned a remission for a period of 7 months and 20 days and having thus undergone his entire period of incarceration and having been released on 04.06.2008 after paying his part of fine.

(3.) The charges framed against the appellant on 29.01.2003 were to the effect that on 14.11.2001 at about 1.00 am near Nukkad Gali, House No.B-798, Camp No.4, Jawalapuri Delhi, within the jurisdiction of PS Paschim Vihar, the convict, i.e., the appellant had committed robbery on Sh. Vinod Mittal and on Smt. Kamla and robbed a gold chain from the neck of Vinod Mittal and a gold chain, two gold kadas and ear rings from Smt. Kamla and had also in the course of the commission of the robbery caused hurt to Mr. Vinod Mittal and Smt. Kamla with a knife, a deadly weapon and had intentionally put Mr. Vinod Goyal and Smt. Kamla in fear of injury and thereby dishonestly induced them to give Rs.20, 000/- to him and had also thus committed an offence of extortion under Section 384 of the Indian Penal Code, 1860 whilst committing offences punishable under Sections 392/394 & 397 of the Indian Penal Code, 1860 to which the accused/appellant herein had pleaded not guilty and claimed trial.