VINAY Vs. STATE

JUDGEMENT

(1.) The appellants have filed the present appeals impugning a judgment dated 23.11.2015, whereby they have been convicted of the offences under Sections 394/34 of the Indian Penal Code, 1860 (IPC). The appellant in Crl.A.63/2016 (Rahul @ Chirmanti) has also been convicted of an offence under Section 397 IPC.

(2.) The appellants have also impugned an order dated 30.11.2015, sentencing them to rigorous imprisonment for seven years and a fine of ?10,000/- each for the offence under Section 394 IPC. And, in default of payment of fine, to simple imprisonment for a period of three months.

(3.) The impugned judgment was rendered in connection with a case arising from FIR no.397/2013 under Sections 394/397/34 of the IPC, registered with P.S. North West Delhi. The said FIR was registered at the instance of one Mr Sanika Munda. He had reported that on the intervening night of 05.09.2013 and 06.09.2013, at about 12 AM, he and his brother Rahul Soy (who deposed as PW-6) were caught by three robbers near a public toilet, M-Block, Shakur Pur at Road no.43, Near DDA Office, A-Block. He stated that he was carrying a bag containing ?2,100/- in cash, some clothes and one LG mobile phone. The complainant stated that the three robbers (the three accused persons) were already stationed at the said spot and they caught him and Rahul Soy (PW-6). They snatched the bag from his possession and the wallet of Rahul Soy. He reported that one of the robbers (Rahul@Chirmanti) also stabbed PW-6 with a knife. After committing the robbery, all the accused fled from the spot. The wife of Rahul Soy (who deposed as PW-10) also reached the spot of the incident spot on hearing the alarm. Subsequently, the injured was taken to the hospital for treatment.