Surjit Singh & Anr v. State of Delhi

S.L.BHAYANA,J

April 29, 2010 KA

HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29.4.2010 SURJIT SINGH & ANR. … Appellants Through: Ms. Neelam Grover, Adv. Versus STATE OF DELHI … Respondent Through: Mr. Navin Sharma, Adv. CORAM: HON'BLE MR. JUSTICE S.L. BHAYANA 1. Whether reporters of local paper may be allowed to see the judgment? Yes 2. To be referred to the reporter or not? Yes 3. Whether the judgment should be referred in the Digest? Yes S.L. Bhayana, J. The present appeal arises out of judgment/order of learned ASJ dated 25.7.2009 and 04.8.2009 wherein the learned ASJ has convicted the accused persons under Section 395/34 IPC and sentenced them to undergo RI for five years each and also a fine of Rs.1000/- each, in default SI for one month each for the offence under Section 395/34 IPC. 2. The brief facts of the prosecution case are that the complainant Sunil Aggarwal made a statement before the police on 26.8.2003 that he is running companies under the name and style of Meridian Fin West Pvt. Ltd. and Hilltop Cabfin Pvt. Ltd. at East Patel Nagar. He recovers the loan amount given to the public by the banks and he collects that amount from the public from morning till 3.00 PM. After making recoveries of these amounts from the public, he deposits the same in the bank. He further stated before the police that whatever amount is recovered by him from the public is taken by him to his house and he deposits the same in the bank on the following day at 3.00 PM. On 26.8.2003, the complainant was carrying a sum of Rs.2,99,460/-, out of which Rs.1,99,997 was the recovery amount of the bank whereas, Rs.99,463/- was the expenses of his office. He was carrying this amount on his motorcycle and when he reached near Rama road, near Factory no. 17 at 9.15 PM, one Maruti car came from behind and cornered him. He tried to take his motorcycle in the corner but he could not find any space and he fell down along with his motorcycle. Two persons got down from the Maruti car with revolvers in their hands and one of them put revolver on his head and another snatched the bag from him which was containing money. That person also snatched the mobile phone (Nokia) of the complainant & also his spectacles. He further stated that, in the meantime, two more persons came on the motorcycle and they tried to take away his motorcycle and when they tried to start his motorcycle, it did not start and both of them left the motorcycle on the spot and ran away. The police recorded his statement and registered a case under Section 392/34 IPC. 3. Charge under Section 395/34 IPC was framed against all the accused persons while charge under Section 412 IPC was also framed against the accused Mukesh to which they pleaded not guilty and claimed trial. 4. The prosecution has examined 12 witnesses in all in this case. Out of these 12 witnesses, PW8/Sunil Aggarwal is the star witness of the prosecution. He has deposed before the Court that he was working for banks for recovering their outstanding dues from the various loanees and he was running companies under the name and style of Meridian Fin West Pvt. Ltd. and Hilltop Cabfin Pvt. Ltd. At present, he is practicing as an advocate at Tis Hazari Courts, Delhi. On 26.8.2003, at about 9.15 PM he left his office with a cash amount of Rs.2,99,460/- in a bag. He hanged that bag on his shoulder and left the office on his motorcycle no. DL-4S-AA-5765 for Shalimar Bagh. When he was passing through Rama Road and reached near factory no. 17, one white colour Maruti car came from behind. That said Maruti car came near to his motorcycle, as a result of which he slowed down his speed. The said Maruti car did not leave any space on the road and covered the whole space, as a result of which, he fell down from the motorcycle. The two gates of the said car opened and one person from each gate came out armed with revolvers. The person who got down from the rear gate of that car caught hold of him from his collar and forcibly made him to sit on the pavement. He remov