LAL SINGH Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 8th March, 2006 and order On Sentence dated 13th March, 2006, whereby all the appellants were convicted under Section 392 IPC read with Section 397 thereof and the appellant Rajesh as well as his co-accused mohd. Nazim were also convicted under Section 25 of Arms Act. All the appellants were sentenced to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs. 1,000/- or to undergo RI for 6 months each in default under section 392 read with Section 397 IPC. The appellant Rajesh was also sentenced to undergo RI for one year and to pay a fine of Rs. 500/- or to undergo RI for one month in default under Section 25 of Arms Act.

(2.) THE case of the prosecution, as disclosed in the FIR lodged by Shri Kaushal kishore was that on 28th November, 2000, at about 10. 45 P. M. , he was waiting at isbt in order to take a bus for going to railway station. One auto rickshaw bearing No. DL 1rc 5704 came up to him. One person was sitting alongwith the auto rickshaw driver whereas two persons were sitting on the rear seat of the auto rickshaw. The boys who were sitting on the rear seat invited him to join them in the auto rickshaw. On enquiry, the auto rickshaw driver told him that he would charge Rs. 10/- for taking him to railway station. The complainant thereupon sat on the rear seat of the auto rickshaw, in between the boys who were sitting there. The driver took the auto rickshaw via Ring Road. When the auto rickshaw reached behind Red fort, one of the boys sitting on the rear seat, put a knife on his neck, while the other boy put a knife on his stomach. The boy, who was sitting with the driver, pressed his mouth with a muffler and thereupon all of them threatened to kill him, in case he raised alarm and asked him to handover whatever he had with him. They removed Rs. 1500/- from his pocket, besides removing the wrist watch, which he was wearing. They also snatched his briefcase which contained a number of articles, including one blanket, one shawl, one calculator making citizen and one camera making YASHICA and Rs. 700/- cash. The auto rickshaw driver then stopped the auto rickshaw and all of them pushed him out, threatening to kill him in case he made noise. The complainant took the help of a police vehicle and lodged a report, which led to registration of the case.

(3.) APPELLANT No. 2 in Crl. A. 236-237/2006, Shri Anil Kumar @ Ajju died during pendency of the appeal and the information regarding his death has been confirmed by the concerned SHO vide his report dated 5th October, 2009.