DHARAMBIR SINGH @ BOBBY Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant was arrested in case arising out of first information report (FIR) no.322/2000 of police station Vasant Vihar on 10.10.2000 and on the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) was sent up for trial, the case (no.27/2001) having been committed to the court of sessions wherein charges were framed against him for offences under Sections 394 and 397 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Section 25 of Arms Act, 1959. On the conclusion of the trial, by judgment dated 15.07.2002, he was held guilty and convicted by the Additional Sessions Judge for offences under Section 397 IPC and Section 25 of Arms Act. By separate order passed on the same day, punishment in the form of rigorous imprisonment for seven years was awarded for offence under Section 397 IPC with fine of Rs.5000/-, with rigorous imprisonment for two years and fine of Rs.500/- for offence under Section 25 of Arms Act. Both the substantive sentences were directed to run concurrently, the benefit of set off under Section 428 Cr. PC having been accorded.

(2.) The present appeal was filed in August 2002. By order dated 08.04.2004, the sentence was suspended and the appellant was released on bail pending hearing on the appeal. The appeal was admitted, to come up in due course. When its turn came, the appellant failed to appear. This led to non-bailable warrants being issued against him with notice to his surety by order dated 16.01.2019. He was arrested on 04.03.2019 in execution of the said warrant of arrest and sent to custody.

(3.) Earlier, the trial court record had been requisitioned. It came to be lost by the registry, having gone missing. Pursuant to directions issued on the administrative side, the said record has been reconstructed. It is conceded by both sides that the appeal can be decided on the basis of reconstructed record.