V.K. Jain, J. (Oral)

1. On 16.03.2005, the complainant Deepak Dogra was brought to Jairpur Golden Hospital in injured condition. On receipt of information in this regard, ASI Attar Singh of Police Station Sultan Puri reached the aforesaid hospital and recorded the statement of Deepak Dogra. He told the Investigating Officer that on 15.03.2005, at about 9.30 PM, when he was crossing the railway line near Railway Station Nangaloi, while returning to his home, he was held by two persons, whereas the third person put a knife on his face and the fourth person started searching him. When he protested, a knife blow was given on his face, as a result of which he got scared and when the assailant tried to give the second knife blow, he caught the knife from both his hands and pulled it towards him, as a result of which he got injuries on both his hands. The robbers took out his mobile phone bearing No. 9871567751 make Sansung as well as his purse containing Rs.80/-cash, besides telephone diary and identity card of Bal Bharti School and some other papers. The robbers then ran towards Prem Nagar-II. The complainant somehow reached his house from where he was taken to hospital by his favour.

2. The case of the prosecution is that the appellant Jagdish @ Babloo @ Kalyug who had been arrested in the case registered vide FIR No.403 of 2005 confessed to his involvement in the aforesaid robbery. Jagdish @ Babloo @ Kalyug was then arrested in this case and was interrogated.

According to the prosecution Jagdish @ Babloo @ Kalyug, took them to his house No. 126, Gali No. 6, Station Block, Prem Nagar-I and produced a mobile phone make Samsung from his room. The aforesaid mobile phone was seized after it had been sealed. Thereafter Jagdish @ Babloo @ Kalyug took the police to X/333, Gali No. 7, Prem Nagar-II, where the he pointed out the appellant Salim, who was also arrested in this case. Salim was interrogated and pursuant to the disclosure statement made by him, he produced a purse kept on the TV in his room. The said purse contained I-Card of the complainant, besides his photograph and other documents. The purse along with its contents was seized, after it had been sealed.

Thereafter, on being pointed out by Jagdish @ Babloo @ Kalyug, the appellant Anil Kumar was arrested and was interrogated. The case of the prosecution is that Anil produced the school I-card of the complainant from the pocket of the shirt which had been hung in his room, and was also seized by the police. Thereafter, one Dalip Singh @ Monu was apprehended on being pointed out by Jagdish, Salim and Anil. All the four accused persons refused to join TIP before the Metropolitan Magistrate and were thereafter chargesheeted.

3. Vide impugned judgment dated 15.05.2013, Dalip Singh was acquitted, whereas remaining three were convicted under Section 394 reach with Section 34 of IPC. Vide impugned Order on Sentence dated 25.05.2013, the appellant Jagdish @ Babloo @ Kalyug was to undergo RI for five years and to pay a fine of Rs 10,000/- or to undergo SI for six months in default, whereas the appellant Salim and Anil were sentenced to undergo RI for three years each and to pay fine of Rs 10,000/- each or to undergo SI for two months each in default. Being aggrieved from their conviction and the sentence awarded to them, the appellants are before this Court.

4. PW-4 Deepak Dogra is the only eye witness of the robbery which took place in the night of 15.03.2005. When he was examined on 25.10.2005, he, inter alia, stated as under:-

“I reached on the railway track one boy who was also going on the same way put a blade on my neck and asked me as to why I abused him and in that process I crossed the railway track and tried to run away from there but I was apprehended by Kalyug known in the area present in the court today and correctly identified among the other accused persons. Thereafter 7/8 more boys came over there and they apprehended me towards the patri side in the darkness. Accused