YOG RAJ Vs. STATE

JUDGEMENT

(1.) These three appeals which arise from the judgment dated September 21, 1988, of an Additional Sessions Judge, New Delhi. convicting the appellants for various offences and subsequent order dated September 23, 1988, imposing sentences, are being disposed of by this common Judgment.

(2.) Appellants have been convicted of offences punishable under Sections 392 & 397 read with Section 34, Indian Penal Code (for short 'IPC') and Section 411 read with Section 34, IPC, while appellant-Rohtas Singh and appellant-Yograj have been further convicted for offence punishable under Section 27 of the Arms Act and they been directed to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1, 000.00 eash and in default to undergo further rigorous imprisonment six months for the offence punishable under Section 392 read with Section 34, Indian Penal Code and for seven years' rigorous imprisonment for offence punishable under Section 397 Indian Penal Code and one year's rigorous imprisonment for offence punishable under Section 411 read with Section 34 Indian Penal Code while Rohtas Singh and Yog Raj have been in addition sentenced to undergo one year's rigorous imprisonment each for offence punishable under Section 27 of the Arms Act with directions that the sentences imposed under Section 4 II Indian Penal Code and Section 27 of the Arms Act shall run concurrently while the sentences for the offences punishable under Sections 392 &397 Indian Penal Code shall run consecutively.

(3.) Facts leading to the prosecution of the appellants and one Azad Singh, co-accused (who during the course of the trial entered the plea of guilty and was convicted and sentenced for offences punishable under Sections 392 & 397 read with Section 34 Indian Penal Code and for offence punishable under Section 420 Indian Penal Code and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200 and in default of payment of fine, to further undergo simple imprisonment for two months on the first count and to undergo seven years rigorous imprisonment on the second count and to undergo two years rigorous imprisonment and to pay a fine of Rs. 200.00 and in default of payment of fine, to further undergo simple imprisonment for two months on the third count vide order dated May 21, 1986) are that P.S. Mukarjee (Public Witness 2) had lodged a report on February 23, 1984, at Police Station Connanght Place, copy of which is Ex.PW2/A, mentioning that an Ambassador Car bearing registration No. PBV-610 registered in the name of M/s. H.M.M Limited with which the witness was employed as Legal Manager, has been parked at 11 AM outside the premises of the said Company at Bharat Yuvak Bhawan, 1, Jai Singh Road, New Delhi and when he came out of his office at about 1 PM he found his car missing.