CRL.A. Nos. 661,717,916 of 2009 & 94 of 2010

Page 1 of 13

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.A. 94 of 2010

SEETAL

..... Appellant

Through: Ms. Suman Chauhan, Advocate.

versus

STATE (NCT OF DELHI)

..... Respondent

Through: Mr. Rajat Katyal, APP.

CRL.A. 661 of 2009

NARENDER @ LALA

..... Appellant

Through: Mr. Sitab Ali Chaudhary, Advocate

versus

STATE (NCT OF DELHI)

..... Respondent

Through: Mr. Rajat Katyal, APP.

CRL.A. 717 of 2009

VEERPAL

..... Appellant

Through: Mr. Sumeet Verma and Mr. Amit

Kala, Advocates.

versus

STATE (NCT OF DELHI)

..... Respondent

Through: Mr. Rajat Katyal, APP.

WITH

CRL.A. 916 of 2009

NETRAPAL @ VINOD

..... Appellant

Through: Mr. Deepak Vohra, Advocate.

2014:DHC:3796

CRL.A. Nos. 661,717,916 of 2009 & 94 of 2010

Page 2 of 13

versus

STATE

..... Respondent

Through: Mr. Rajat Katyal, APP.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

08.08.2014

1. These appeals are directed against the judgment dated 25^th March

2009 passed by the learned Additional Sessions Judge (‗ASJ‘)

convicting the Appellants for the offences under Sections 395/397 of

IPC and Section 27 of the Arms Act, 1959 and the order on sentence of

the same date convicting each of them to undergo rigorous

imprisonment (‗RI‘) for seven years for the offences under Sections

395/397 and RI for three years along with a fine of Rs. 1,000 and in

default, to undergo simple imprisonment (‗SI‘) for one month for the

offence under Section 27 of the Arms Act.

2. The case of the prosecution is that Kailash Sharma (PW-1) was the

owner of a factory, manufacturing aluminium wires located at

Haiderpur, New Delhi. Among the labourers working for him were,

Sanjay Kumar (PW-8), Tulsi Ram (PW-9), Dalip Paswan (PW-10),

Manchit Paswan (PW-11) and Baba Paswan (PW-12). The said

labourers used to sleep in the factory. On 23^rd August 2004, Kailash

Sharma along with his brother, Sunder Lal (PW-2) had gone for a

surprise inspection to the factory at around 12 midnight or 12:15 am.

They noticed two persons removing aluminium wires from the factory.

2014:DHC:3796

CRL.A. Nos. 661,717,916 of 2009 & 94 of 2010

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They tried to apprehend the two persons and also raised an alarm.

When questioned about the removing of aluminium wires, one of the

persons ran away. When the other person was tried to be apprehended,

he gave a knife blow on the nose of PW-2. The person who gave the

knife blow was apprehended at the spot and with the help of public

persons was also given beatings. The person who was apprehended at

the spot was identified as Veerpal, accused No.4 (A-4), the Appellant

in Crl. A. No. 717 of 2009. Two bundles of aluminium wires sought to

be taken away were recovered from the spot under seizure memo PW-

1/D. The police also reached there subsequently and recorded the

statements of PWs 1 and 2. The knife recovered from the spot was

Ex.P-8. The ladder used for climbing the wall of the factory was seized

along with one lock and a pair of chappal under seizure memo

(Ex.PW1/C).

3. At the instance of A-4, on 23^rd August 2004, Sub Inspector

Dharambir Singh (PW-14), the Investigating Officer (‗IO‘) of the case

along with Constable Surender and Constable Satish (PW-13)

apprehended Sheetal (A-1), the Appellant in Crl. A. No. 94 of 2010,

Narender (A-2), the Appellant in Crl. A. No. 661 of 2009, Netrapal (A-

3), the Appellant in Crl. A. 916 of 2009 and Romu (A-5) from a kabari

shop in Jahangirpuri, Delhi. Pursuant to the disclosure statements made

by the aforesaid accused, four knives were recovered.

4. A-1, A-2, A-3 and A-5 were produced with faces muffled before the

learned Metropolitan Magistrate (‗MM‘) [Mukesh Vats] (PW-7) on

2014:DHC:3796

CRL.A. Nos. 661,717,916 of 2009