Sonu @ Chhotu v. The State (Govt of Nct0 of Delhi

A.K. PATHAK, J. NOVEMBER 16, 2012 ga

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1089/2010 Decided on 16th November, 2012 SONU @ CHHOTU ..... Appellant Through: Mr. Ajay Verma, Adv. versus THE STATE (GOVT OF NCT0 OF DELHI ..... Respondent Through: Ms. Fizani Hussain, APP AND CRL.A. 1508/2011 HORI LAL ..... Appellant Through: Mr. A.J. Bhambhani and Ms. Nisha Bhambhani, Advs. versus THE STATE (GOVT OF NCT0 OF DELHI ..... Respondent Through: Ms. Fizani Hussain, APP CORAM: HON'BLE MR. JUSTICE A.K. PATHAK % A.K.PATHAK, J. (ORAL) 1. Both the above noted appeals arise out of the same incident, FIR and judgment, thus, are being disposed of together. 2. Trial court has convicted the appellants under Sections 392/394 read with Section 34 IPC. Appellant Hori Lal has been convicted under Section 397 IPC also. Appellants have been sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/- each and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Section 392 IPC read with Section 34 IPC. Appellant Hori Lal has further been sentenced to undergo rigorous imprisonment for seven years for the offence under Section 397 IPC. 3. Aggrieved by their conviction as also the sentences, as awarded by the trial court, appellants have preferred above said appeals. 4. Prosecution story, as emerges from the record, is that on 12th October, 2008 complainant Babu Lal Mishra S/o Radhy Shyam (PW4) alongwith eye witness Babu Lal Pal S/o Beche Lal Pal (PW8) was carrying on three bundles of jeans on a cycle rickshaw from Shastri Park to the factory of their owner, in the evening. At about 8.30 pm when they reached near Shahdara Flyover, G.T. Road in front of Mansarovar Park one auto rickshaw intercepted them. Three boys got down from the said auto rickshaw and asked PW4 Babu Lal Mishra and PW8 Babu Lal Pal to run away after leaving their cycle rickshaw loaded with bundle of jeans. When PW4 and PW8 refused to obey their command Hori Lal, whose name was disclosed after he was apprehended, showed a knife to PW8 Babu Lal Pal and threatened to stab on his abdomen in case he offered any resistance. Appellant-Hori Lal also snatched mobile phone of PW4 and handed over the same to his accomplices. Thereafter, PW8 Babu Lal Pal along with one bundle of jeans was dumped in the auto rickshaw and taken away by Kamal and Mobin, whose names were disclosed after they were apprehended. As regards cycle rickshaw, Hori Lal and Sonu @ Chhotu took away with them. PW4 Babu Lal Mishra raised alarm "bachao bachao" at which PW2 HC Ram Pal and PW3 Const. Virender Singh, who were on patrolling duty, came there and apprehended Hori Lal and Sonu @ Chhotu. Cycle rickshaw and two bundles of jeans were also recovered. Knife was recovered from Hori Lal. 5. As regards Kamal he has been acquitted by the trial court since he was not identified by PW4 Babu Lal Mishra and PW8 Babu Lal Pal. Trial court did not find enough evidence on record regarding complicity of Mobin in the offence of robbery. However, he has been convicted under Section 411 IPC and it appears that he has not filed appeal against his conviction. Thus, their roles are not discussed in these appeals. 6. In my view, prosecution has succeeded in proving its case against the appellants Hori Lal and Sonu @ Chhotu as regards offence of robbery is concerned, thus, their conviction under Sections 392/34 IPC cannot be found faulted with. PW4 Babu Lal Mishra and PW8 Babu Lal Pal have fully corroborated the prosecution story as regards robbery is concerned, they have deposed in unison that they were carrying three bundles of jeans from Shastri Park to Shaheed Nagar, Dharamshala Building, UP in a cycle rickshaw. PW8 Babu Lal Pal was pulling the cycle rickshaw while PW4 Babu Lal Mishra was sitting on the bundles of jeans loaded thereon and when they reached near Shahdara Flyover on G.T. Road, one auto rickshaw intercepted them. Hori Lal, Sonu @ Chhotu and their accomplices got down from the said auto ri