MOHD CHAND Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) IN this appeal, appellant Mohd. Chand S/o Mohd Kaleem is assailing his conviction under Section 392/394/397 of the Indian Penal Code vide impugned judgment of 13th October, 2006 and order of 28th October, 2006 of the trial court, vide which he has been sentenced under Section 392 of IPC to Rigorous Imprisonment for three years and to pay a fine of rupees fifteen thousand and in default of payment of fine, to under rigorous imprisonment for nine months. Appellant was further sentenced for committing the offence under Section 394 of IPC, to undergo RI for a period of four years and a fine of rupees fifteen thousand and in default of payment of fine, to undergo RI for a period of nine months. Appellant has also been sentenced for committing the offence under Section 397 of IPC, to undergo RI for a period of seven years. All these substantive sentences were ordered to be run concurrently and it was ordered that out of fine amount, if recovered, rupees twenty five thousand would be paid to the victims as compensation.

(2.) THE facts of this case which needs to be noticed, for disposal of this appeal, are as follows :- 'on 10th December, 2000, on receipt of DD No. 24-A (copy Ex. PW18/a), SI Lekh Singh along with Constbale Shailender went to House No. 250, Gali No. 15, East Azad Nagar where Dinesh Kumar Goel, suresh Chand Goel and Smt. Meena met him in injured condition and dinesh Kumar Goel handed over custody of accused Anil Kumar along with blood stained 'churri'. Dinesh Kumar Goel and Smt Meena were sent to s. D. N. Hospital through Constable Shailender for their medical examination. In the meantime, Constable Vijay Partap reached at the spot along with DD No. 25-A (copy Ex. PW18/b) and handed over the same to SI lekh Singh, Investigating Officer who prepared the sketch of churri ex. PW6/a which was recovered from accused Anil Kumar. The said churri was converted into a sealed parcel with the seal of LS and it was taken into possession vide memo Ex. PW3/a. Seal after use was given to public witness suresh Chand Goel. Constable Vijay Partap was left at the spot to supervise the scene of occurrence and also the accused, while Investigating Officer alongwith Suresh Chand Goel went to SDN Hospital to get him medically examined where IO collected the MLC of Dinesh Kumar Goel and Smt meena Goel Ex. PW1/b and Ex. PW1/a respectively. Investigating Officer recorded the statement of witnesses and prepared rukka Ex. PW18/d and sent the same to Police Station through Constable Shailender. From the hospital, Investigating Officer returned back to the spot with Suresh Chand goel and interrogated accused Anil who made his disclosure statement ex. PW9/a on 11th December, 2000. Accused Anil Kumar was arrested at the spot and accused was also got medically examined and produced before the court concerned. During the course of investigation, accused Anil Kumar led the police to the house of his co-accused Ballu @ Bharat Bhushan who was also arrested in this case and who had also made his disclosure statement Ex. PW17/c in this case. Accused Ballu also pointed out the place of occurrence. On the pointing out of accused Ballu, accused Gurmeet Singh was apprehended from his house and he had also made a disclosure statement Ex. PW10/b. On 13. 12. 2000, all the above named three accused were produced before the court concerned and sent to judicial custody. Appellant/accused Mohd Chand surrendered before the court concerned and was formally arrested and was interrogated and he had also made his disclosure statement Ex. PW10/c. Appellant/accused was granted three days police custody remand for the purpose of recovery of weapon of offence as well as case property. On 23. 12. 2000, appellant Mohd Chand again made a disclosure statement Ex. PW10/d and told that the weapon of offence i. e. churri and the looted amount was kept by him in the jhuggi in Bikam Singh colony and he got recovered one churri and cash of rupees one thousand and five hundred from his jhuggi in Bhikam Singh Colony. Churri and cash was taken into possession. After completion of investigation, charge-sheet under section 394/397/411/120-B/34 of Indian Penal Code was filed against the accused persons. '

(3.) TRIAL court had put appellant Mohd Chand alongwith his co-accused Anil Kumar, Bharat Bhushan and Gurmeet Singh to trial for the offences under Section 392/394 read with Section 34 of the Indian Penal code and Section 397 of the Indian Penal Code as they had pleaded not guilty to their respective charges.