RAVI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present criminal appeal is to the judgment of conviction dated 30.01.2009 and order of sentence dated 03.02.2009 passed by learned Additional Sessions Judge, Gurgaon, whereby appellants have been sentenced to undergo rigorous imprisonment for a period of ten years for an offence punishable under Section 395 of the Indian Penal Code and to pay fine of Rs. 5,000/ - each, in default of payment of fine to further undergo rigorous imprisonment for two years. In brief, facts relevant for the disposal of present criminal appeal are to the effect that in the first week of November, 2006, in the area of police station DLF, appellants and Lalit @ Bittu, who was declared juvenile vide order dated 01.04.2008, under common conspiracy, gave lift to a person in their jeep bearing registration number HR -61 -1154 and committed robbery of cash worth Rs. 40,000/ - from the said person. On 24.01.2007 an order, along with disclosure statement, was received from the office of Superintendent of Police, Gurgaon in the police station to the effect that a member of serial killer gang, namely, Parmod had suffered disclosure statement that in the beginning of November, 2006 he along with Ravi, Rohtash, Mukesh, Budhu and Lalit, all residents of Bhorakalan, had committed robbery worth Rs. 40,000/ - from a person who was given lift in the afore -mentioned jeep. On that basis a formal FIR was lodged. During the course of investigation, all the accused were arrested and other evidence related to the commission of offence was collected. On completion of investigation, challan was presented. After completing all the necessary formalities, on finding a prima facie case, appellants were chargesheeted for the commission of offence punishable under Section 395 IPC, to which they pleaded not guilty and claimed trial.

(2.) IN order to prove its case, prosecution examined ASI Tej Ram as PW1, ASI Ram Tirth as PW2, Constable Raj Kumar as PW3, Head Constable Mukesh Kumar as PW4, Inspector Sanjeev Kumar as PW5, Manoj Kumar Draftsman as PW6, Jai Pal Singh as PW7, Kishan Lal as PW8, Constable Ballu Ram as PW9 and Rajender Singh ASI as PW10. SI Kishan Lal PW8 was recalled for further examination -in -chief and thereafter on 22.01.2009 learned Public Prosecutor closed the prosecution evidence.

(3.) STATEMENTS of the appellants was recorded under Section 313 Cr.P.C. to which they pleaded false implication. However, no evidence was led in evidence and evidence was closed on 29.01.2009. After considering entire evidence on record, learned Additional Sessions found appellants guilty under Section 395 IPC and sentenced them as aforesaid. Hence, this appeal.