DINESH HARIJAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal preferred from Jail is to the the judgment and order dated 30.9.2008 rendered by the Ist Addl Sessions Judge Meerut (Court no 14) whereby the appellant has been convicted under section 394, and again under section 302/34 IPC and he has been sentenced on each count i.e. under section 394 to suffer imprisonment for 10 years studded with fine of Rs 5000/- and again sentenced under section 302/34 IPC to imprisonment for life studded with fine of Rs 10,000/-. The appellant has further been sentenced under section 411 IPC to undergo imprisonment for three years. The aforesaid sentences of fine are followed by default stipulation and he has been sentenced to undergo six months, one year and 3 months R.I respectively.

(2.) THE first informant who lodged the FIR at Police Station Kankar Kheda Meerut on 25.6.2004 is Pramod Kumar Sharma resident of Mohalla 20 Ram Nagar Lane No. 1 Kankar Kheda District Meerut. The substance of the written report is that his father namely Ratan Lal Sharma was done to death by unknown miscreants sometime in the intervening night of 24/25.6.2004. It is further mentioned that he has got a grocery shop and adjacent to it, he was getting his house constructed for the last one and half month. He used to sleep at his grocery shop. On the date of occurrence, his father Ratan Lal Sharma (deceased) preferred to sleep at the shop in his place. In the morning when he arrived at the shop, he found his father lying dead on a cot with injuries caused by sharp edged weapon. He also found the door of the shop broken and grocery goods lying pell mell.

(3.) SINCE FIR was lodged against unknown miscreants, it is mentioned that on 26.6.2004, statement of watchman namely, Udaivir Singh deployed by the Meerut Development Authority was recorded and from which it transpired that Rajesh including the appellant who were residing in Brahmapuri Double Storey were seen roaming at or around the place of occurrence. His statement found, according to the prosecution case, was substantiated by the statement of Watchman Sandeep. The aforesaid watchmen also disclosed that the accused were seen taking away the goods from the shop. The investigating officer again interrogated the complainant and he too disclosed that he was told by the watchmen that the appellant and other accused resident of Double Storey were involved in the commission of the offence. The investigating officer also recorded the statement of Vinod Kumar who too disclosed that the accused persons had met him on the by-pass and confessed to the crime and pleaded with him to save him from the clutches of the police. The accused according to the prosecution case was arrested alongwith stolen goods on 9.7.2004 from Jawahar Nagar while they were bargaining for sale of stolen goods with Anil Gupta Shop-keeper. Thereafter, he prepared inventory of the recovered goods and completed other formalities.