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IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON : 2^nd SEPTEMBER, 2016

DECIDED ON : 5^th SEPTEMBER, 2016

+

CRL.A.747/2015

IMTIYAZ @ TINKU

..... Appellant

Through :

Ms.Suman Chauhan, Advocate.

versus

THE STATE (NCT OF DELHI)

..... Respondent

Through :

Mr.Raghuvinder Varma, APP.

+

CRL.A.1760/2014

SUNNY @ YOGESH

..... Appellant

Through :

Ms.Suman Chauhan, Advocate.

versus

THE STATE (GOVT. OF NCT), DELHI

..... Respondent

Through :

Mr.Raghuvinder Varma, APP.

AND

+

CRL.A.143/2015 & CRL.M.B.241/2015

NARESH

..... Appellant

Through :

Mr.Saurabh Kansal, Advocate with

Ms.Pallavi S.Kansal, Advocate.

versus

THE STATE (GOVT. OF NCT), DELHI

..... Respondent

Through :

Mr.Raghuvinder Varma, APP.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J.

1.

Aggrieved by a judgment dated 06.08.2014 of learned

Additional Sessions Judge in Sessions Case No.08/1/13 arising out of FIR

No.137/12 registered at Police Station Inderpuri by which the appellants -

2016:DHC:6283

Imtiyaz @ Tinku (A-1), Sunny @ Yogesh (A-2) and Naresh (A-3) were held

guilty for committing offences punishable under Sections 392/394/34 IPC

and A-2 in addition under Section 397 IPC, they have filed the instant

appeals. By an order dated 08.08.2014, they were awarded various prison

terms with fine.

2.

Briefly stated, the prosecution case, as reflected in the charge-

sheet, was that on the night intervening 01/02/11.2012 at about 01.40 a.m.

near D-Block, Main Road, JJ Colony, Inderpuri, New Delhi, the appellants

in furtherance of common intention robbed the complainant – Virender

Mehto of his purse containing `1,000/- and a driving licence. Injuries were

also inflicted to the complainant – Virender Mehto by a knife. The police

machinery came into motion on getting information about the incident vide

Daily Diary (DD) No.6A (Ex.PW-3/A) recorded at PS Inderpuri at 01.50

a.m. The investigation was assigned to SI Surender Singh. After recording

victim’s statement (Ex.PW-2/A), the Investigating Officer lodged First

Information Report. The victim was taken for medical examination.

Statements of witnesses conversant with the facts were recorded. The

accused persons were arrested and certain recoveries were effected at their

instance. Upon completion of investigation, a charge-sheet was filed against

the appellants in the Court. To establish its case, the prosecution examined

fourteen witnesses and relied upon various documents. In 313 Cr.P.C.

statements, the appellants denied their involvement in the crime and pleaded

false implication. The trial resulted in their conviction as aforesaid. Being

aggrieved and dissatisfied, the instant appeals have been filed.

3.

I have heard the learned counsel for the parties and have

examined the file. The occurrence took place at around 01.40 a.m. on the

2016:DHC:6283

night intervening 01/02.11.2012. Intimation to the police was conveyed

promptly and Daily Diary (DD) No.6A (Ex.PW-3/A) came into existence at

PS Inderpuri at 01.50 a.m. In the complaint (Ex.PW-2/A), the victim gave

detailed account as to how and in what manner, he was robbed by assailants

three in number inflicting injuries to him. He claimed to identify the

assailants if shown to him. In his Court statement as PW-2, the complainant

proved the version given to the police without any variation and identified

the appellants to be the assailants. He assigned specific and definite role to

each of the assailants in the commission of crime. He deposed that on the

night intervening 01/02.11.2012, he was returning in his auto bearing

registration No.DL 1RK 9149 after dropping a passenger at C-Block, JJ

Colony, Inderpuri, New Delhi in between 01.00 to 01.30 a.m. When he

reached near D-Block, JJ Colony, Inderpuri, New Delhi, the appellants

stopped his TSR. A-1 caught hold of him by neck and asked him to hand

over all the belongings; A-2 stabbed hi