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2014 Supreme(Del) 356
High Court of Delhi
THE HONOURABLE MR. JUSTICE S.P. GARG
Anand @ Jat & Others
Versus
State (Govt. of NCT) of Delhi
CRL.A. Nos. 907, 703 of 2013 1395 of 2012 & CRL.M.B. Nos. 1455, 1097 of 2013 CRL. M.A. No. 53 of 2014
Decided On : 03-02-2014
For the Appellants:Saahila Lamba, Rakhi Dubey, Alpana Pandey, Advocates.
For the Respondent: M.N. Dudeja, Lovkesh Sawhney, APP.
The main legal point established in the judgment is the reliance on credible witness testimonies, the nature of injuries, and the interpretation of relevant sections of the Indian Penal Code to determine the guilt of the appellants in committing robbery and causing injuries.
Headnote:
Robbery - Criminal Law - IPC 394, IPC 307, IPC 397 - The judgment discusses the application of Sections 394, 307, and 397 of the Indian Penal Code in a case involving robbery and injuries inflicted on the victims. The court analyzed the evidence, witness testimonies, and the nature of injuries to determine the applicability of the relevant sections and their interpretations in reaching the decision.
Fact of the Case:
The appellants were convicted for robbery and causing injuries to the victims. The prosecution presented evidence of the robbery and injuries inflicted, while the appellants pleaded false implication. The court examined the evidence and witness testimonies to determine the guilt of the appellants.
Finding of the Court:
The court found that the prosecution's evidence and witness testimonies were credible and consistent, establishing the guilt of the appellants in committing robbery and causing injuries. The court rejected the appellants' plea of false implication and upheld their conviction.
Issues: The key issues involved the credibility of witness testimonies, the nature of injuries, and the applicability of relevant sections of the Indian Penal Code in determining the guilt of the appellants.
Ratio Decidendi: The court relied on the consistency and credibility of witness testimonies, the nature of injuries inflicted, and the interpretation of relevant sections of the Indian Penal Code to establish the guilt of the appellants in committing robbery and causing injuries.
Final Decision: The court upheld the conviction of the appellants for robbery and causing injuries, while modifying the sentences and fines imposed based on the interpretation of relevant sections of the Indian Penal Code.
S.P. Garg, J.
1. Anand @ Jat (A-1), Satish @ Madrasi (A-2) and Parmod Mandal @ Dhukho Mandal (A-3) impugn their conviction by a judgment dated 23.04.2012 of learned Addl. Sessions Judge in Sessions Case No. 221/09 arising out of FIR No. 124/09 PS Adarsh Nagar. By an order on sentence dated 23.05.2012, A-1 was awarded RI for five years with fine Rs.3,000/- under Sections 394/307/34 IPC; RI for seven years with fine Rs.5,000/- under Section 397 IPC. A-2 and A-3 were awarded RI for five years with fine Rs.3,000/-, each, under Sections 394/307/34 IPC. The substantive sentences were to operate concurrently.
2. Allegations against the appellants were that on 12.06.2009 at about 06.30 A.M. in front of Phad no. A-264, New Subzi Mandi, Azadpur, they in furtherance of common intention with their associate – Bablu (not arrested) committed robbery and deprived Prem Chand of mobile phone and cash Rs.3,000/- at the point of knife. In the process of committing robbery, injuries were inflicted to Prem Chand and Raju. The police machinery came into motion when information was conveyed by PCR regarding a stabbing-cum-robbery incident and Daily Diary (DD) No. 12A was recorded at 07.05 A.M. at PS Adarsh Nagar. The investigation was assigned to ASI Attar Singh who with Const. Suresh went to the spot. After coming to know that the injured had already been shifted to hospital, he went to Babu Jagjivan Ram Memorial Hospital and collected Prem Chand’s MLC. He was declared unfit for statement. The Investigating Officer lodged First Information Report after recording Raju’s statement (Ex.PW-1/A). Further investigation was taken over by SI Madan Mohan. On 15.06.2009, on the basis of secret information, A-1 and A-2 were apprehended and pursuant to the disclosure statements, crime weapon was recovered. They also led the police team to the residence of A-3 for his arrest. During investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the appellants; they were duly charged and brought to trial. The prosecution examined 19 witnesses to substantiate the charges. In 313 statements, the accused Persons pleaded false implication. They, however, did not examine any witness in defence. The trial resulted in their conviction as aforesaid.
3. I have heard the learned counsel for the parties and have examined the record minutely. Appellants’ counsel urged that the Trial Court did not appreciate the evidence in its true and proper perspective and ignored vital discrepancies emerging in the statements of prosecution witnesses without cogent reasons. Ingredient of Sections 307 and 397 IPC were not attracted and proved. The prosecution was unable to establish that the assailants were armed with ‘deadly’ weapons. Non-recovery of the crime weapon is fatal to the prosecution case as both PW-1 (Raju) and PW-2 (Prem Chand) did not identify the knife (Ex.P1) to have been used in the occurrence. In the alternative, prayer was made to modify the sentence order as the appellants have already remained in custody for substantial period. Learned Addl. Public Prosecutors urged that the impugned judgment is based upon fair appraisal of the evidence of PW-1 (Raju) and PW-2 (Prem Chand) and needs no interference.
4. The occurrence took place on 12.06.2009 at around 06.30 A.M. when PW-1 (Raju) and PW-2 (Prem Chand) had arrived near Phad no. A-264, New Subzi Mandi, Azadpur in truck No. RJ 32G-2187 from District Sikar, Rajasthan to sell onions. After parking the truck there, when they were going out, four assailants committed robbery and inflicted injuries to them. Soon after the occurrence Daily Diary (DD) No. 12A was recorded at 07.05 A.M. at PS Adarsh Nagar. It records that an individual was stabbed and the articles were robbed. The police swung into action and First Information Report was lodged without inordinate delay after recording Raju’s statement (Ex.PW-1/A) by sending rukka (Ex.P
