JUDGEMENT

RAJNISH BHATNAGAR, J.

1. By this Judgment, I shall dispose of the present appeals U/s 374 Cr.P.C. read with Section 482 Cr.P.C. which has been filed against the Judgment of Conviction dated 14.02.2013 and Order on Sentence dated 15.02.2013 passed by the Addl. Sessions Judge-01, Patiala House Court, New Delhi vide which both the appellants have been convicted U/s 379 IPC CRL.A. 352/2013 & CRL.A. 353/2013 Page 2 of 14 and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a sum of Rs. 3000/- each as fine for the offence U/s 379 IPC and in default of payment of fine, simple imprisonment for a period of three months each.

2. In brief, the case of the prosecution is that on 15.03.2012, at about 8:30 a.m. when victim Priya was at Birla Mandir bus stand for going to her office, two boys on the motorcycle came. They stopped the way of victim and snatched her gold chain by showing her pistol and they also threatened the victim that she would be killed, if she raised alarm. After snatching the chain both the boys fled on their silver colour bike bearing number 8351 towards Mandir Marg, P.K. Road.

3. Victim called up her brother Shakti Singh from her mobile, who reached the spot and on coming to know about the incident, he made a call at number 100. Police officials reached at the spot and tehrir U/s 392/34 IPC was sent to the police station.

4. Thereafter, on 18.03.2012, information from SI Man Singh, PS Karol Bagh was received via telephone that two accused persons namely Karnail Singh @ Khanna and Naresh @ Satya (appellants herein) arrested in case FIR No. 40/12, U/s 186/353/411/34 IPC and 27/54/59 Arms Act PS Karol Bagh have disclosed their involvement in the chain snatching incident of Mandir Marg and that they shall be produced before Duty MM Tis Hazari Courts.

5. DD No. 11 A to this effect was recorded and the copy of the same was handed over to IO ASI Tulsi Ram who contacted SI Satyender, PS Karol CRL.A. 352/2013 & CRL.A. 353/2013 Page 3 of 14 Bagh and collected the copies of the relevant documents i.e. FIR, statements, seizure memos etc. and he also collected the case property of the present case vide RC No. 78/21/12, PS Karol Bagh and deposited the same in the Malkhana, PS Mandir Marg and then conducted further investigation.

6. During investigation, it was found that the bike used in this incident was purchased by appellant Naresh with the registration No. DL-10SA-8659 under the fake name of Gurdayal and the voter identity cared of Gurdayal furnished at the time of registration was also fake. The said number (8659) was changed to DL-10SA-8351 by putting a sticker. In view of the same, and as deadly weapon was used by the appellants, sections 482/468/471/397 IPC were added.

7. After the completion of the investigation, challan was filed before the court of Metropolitan Magistrate, who after completing all the formalities committed the case to the Court of Sessions for trial.

8. Vide order dated 15.10.2012, charge for the offence U/s 397 IPC against appellant Naresh @ Satya and charge under Sections 392/34 IPC and 411/34 IPC against both the appellants was framed to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution has examined 17 witnesses.

9. I have heard the Ld. counsel for the appellants, Ld. APP for the State and have also gone through the records of this case.

10. It is submitted by the Ld. counsel for the appellants that nothing incriminating has been recovered from their possession and the alleged CRL.A. 352/2013 & CRL.A. 353/2013 Page 4 of 14 recovery of chain has been planted. It is further submitted that there is no public witness to the recovery of the alleged gold chain. It is further submitted that the only material witness is PW-2 who is the victim/complainant and she has not supported the case of the prosecution. It is further submitted that PW-2 has failed to identify the appellants in TIP and in