MOHD ALAM Vs. STATE

JUDGEMENT

(1.) The present appeals have been filed by the appellants, namely, Mohd. Alam (Crl.A. 1444/2012) and Mohd. Iqhlak @ Asif (Crl.A. 144/2016) under Section 374(2) Cr.P.C., against the common judgment of conviction dated 26.04.2012 rendered by the learned ASJ, Fast Track Court, Rohini, Delhi in SC No.40/1 arising out of FIR 105/10 registered at PS Shalimar Bagh under Section 392/302/ 411/34 IPC vide which, all the accused have been convicted under Section 392 read with Section 34 IPC. They were also held guilty and convicted for the offence under Section 302 read with Section 34 IPC. Since they were convicted for the offence of robbery, they were not convicted for the offence under Section 411 separately.

(2.) There were three accused in the case, namely, Mohd. Alam accused no.1; Mohd. Iqhlak @ Asif accused no.2 and Mohd. Saddam @ Kalia accused no.3, who was a juvenile. Vide order on sentence dated 01.05.2012, accused no.1 Mohd. Alam has been sentenced under Section 392/34 IPC for a term of 10 years rigorous imprisonment with fine of Rs. 5,000/-. In default of payment of fine, he has been directed to further undergo 2 years simple imprisonment. For the offence under Section 302 IPC, Mohd. Alam has been sentenced to imprisonment for life with fine of Rs. 5,000/-. In default of payment of fine, he shall further undergo 2 years simple imprisonment. The sentences are to run concurrently. The benefit of Section 428 Cr PC has been given to the accused no.1 Mohd. Alam. Vide order of sentence dated 17.07.2012, Mohd. Iqhlak, accused no.2 has been identically punished for the aforesaid offences and he has similarly been treated insofar as benefit of Section 428 Cr PC is concerned. The aforesaid two appellants have preferred the present appeals.

(3.) The case of the prosecution, as taken note of in the judgment of the Trial Court, read as follows: