A. K. CHAWLA, J.

1. Appellants - Wasim Ahmed, Mohd. Javed, Mohd Abid and Mohd. Shafiq were charged for the trial of the offences under Sections 328/379/34 IPC besides the offence under Section 411 IPC. Vide the impugned judgment dated 19.01.2016, all of them were convicted for the said offences and vide the impugned order on sentence dated 21.01.2016, all of them were sentenced to undergo 4 years RI for the offence under Section 328/34 IPC; 3 years RI for the offence under Section 379/34 IPC; and, 1 year RI for the offence under Section 411 IPC respectively. They were also sentenced to pay fine of Rs.3,000/- and Rs.2000/- respectively, for the offences under Section 328/379/34 IPC. In default, they were to undergo 3 months and 2 months SI respectively. All of them have assailed the impugned judgment and the order on sentence by filing separate appeals. All the four appeals are being dealt with by this common judgment.

2. According to the prosecution, one 'Nabi Ulla', aged about 22 years, who was a painter by profession and residing with his mausi's son at Ram Vihar, Nangloi, had left Ram Vihar, to go to his native place at Hardoi, UP in a bus on 18.08.2012 at about 12 noon. In the bus, he met two boys, one of whom was of heavy built and other of a medium built aged about 25/26 years. They developed friendship and got down at Peeragarhi to reach the railway station early and for that, hired an auto. On the way, auto driver calls a person by his name 'Wasim' and makes him sit in the auto to be also taken to the railway station. As per the description given by 'Nabi Ulla', said 'Wasim' was aged about 40 years and of thin built. Then, according to prosecution, when they reached Inderlok Metro Station, the auto was stopped and 'Wasim' purchased bottles of Maza from a shop nearby and they all drank Maza. On this, 'Nabi Ulla', started feeling intoxicated and sleepy. Thereafter, the accused-the appellants dropped 'Nabi Ulla' near Gurudwara, where 'Nabi Ulla' vomitted a lot. On regaining consciousness, 'Nabi Ulla' asked a passerby to call police and for the purpose, gave his mobile. Passerby called the police on number 100. PCR vehicle reached in sometime and took 'Nabi Ulla' to the Hindu Rao Hospital. In the process, a bag of orange colour containing some clothes, an election I-card and about Rs.500/- of Rs.100/- currency notes from the pocket of victim, went missing. On the receipt of information by PS Sarai Rohilla at 2:40 PM that a person was lying unconscious near Usha Mata Mandir, Shazada Bagh near Gurudwara, HC Naresh went to the spot and getting to know that the person lying unconscious was taken to Hindu Rao Hospital, went there alongwith his staff. On reaching the hospital, he collected the MLC, which recorded the alleged history of drinking of some liquid half an hour before. The doctor declared the patient fit for statement at 5.30 p.m. and gave a sealed gastric lavage sample, which was seized. On the statement of 'Nabi Ulla' recorded by HC Naresh Pal, an FIR No.218 dated 18.08.2012 came to be registered at PS Sarai Rohilla at 6:50 PM. Investigation thereof was assigned to SI G.N. Tiwari. On that very day i.e. 18.08.2012 at about 7 PM, on the receipt of a secret information by SI Ravinder Singh of AATS, in his office at Daya Basti, that a gang of 4/5 persons was involved in robbing of passengers administering poisonous substances and that, they had robbed a person in the similar fashion that day only, and, shall be again visiting Sarai Rohilla railway station between 10 PM to 12 midnight to commit a similar crime, SI Ravinder Singh recorded DD No.16 dated 18.08.2012 at 8:30 PM at AATS/North District, Delhi. SI Ravinder Singh, AATS then prepared a raiding team and left for apprehending such gang. There, the four appellants Wasim Ahmed, Mohd. Javed, Mohd Abid and Mohd. Shafiq, come to be apprehended by SI Ravinder Singh and his team, when they reach there in TSR DL-1RK-3024 at about 10:30. During the course of their i