Ramu vs State
2004 Latest Caselaw 915 Del

JUDGMENT

R.C. Chopra, J.

1. The appellant stands convicted under Section 395 of the Indian Penal Code vide orders dated 26.11.2002 passed by learned Additional Sessions Judge, Delhi. On 30.11.2002, he was sentenced to undergo RI for a period of 10 years and pay a fine of Rs.5,000 -. In default of payment of fine, he was directed to undergo further RI for 6 months. His other co-accused were also convicted. Learned counsel for the appellant has not pressed this appeal on merits and has prayed for indulgence in the matter of sen ence on the ground that the appellant has already undergone a sentence of more than 51/2 years and has a wife and children to look after. The Nominal Roll of the appellant reveals that he has already undergone actual imprisonment of over five years and ha earned remissions also of about six months. I have heard learned counsel for the appellant and learned counsel for the State. I have gone through the Trial Court records. The case of the prosecution briefly stated is that on 27th May, 1997 the appellant and his co-accused had committed dacoity at M/s. Kaushik Metal Works, Hamirpur Road, Bakoli, Delhi, by giving threats to the occupants of the factory with country-made pistols and knives. They got the main gate opened and thereafter forcibly removed 240 slabs of lead. Each slab was weighing a out 20 kilograms. The police was informed, F.I.R. was registered, accused were arrested and after necessary investigations a challan under Section 395 of the India Penal Code was filed against them. The prosecution case was supported by eye-witness, Su il Kumar PW-5, besides witnesses of recovery etc. PW-5, Sunil Kumar, deposed on oath that on the intervening night of 26th and 27th May, 1997, a dacoity was committed in their factory. He also stated that dacoits were armed with country-made pistols an knives. He identified the appellant as one of the dacoits. Nothing could be brought out in his cross-examination to discredit him. Besides PW-5, the prosecution has also proved on record that 20 slabs of lead were recovered from the Jhuggi of the app llant vide `Ex.PW-1/C' . Learned Trial Judge after scrutinizing evidence and considering the submissions made on behalf of the appellant came to the conclusion that there was nothing on record to show as to why these witnesses record to take a different view in the matter. The recovery of 20 slabs from the Jhuggi of the appellant soon after the incident calls upon the Court to presume that the appellant was also one of the dacoits and had committed da(sic)should depose falsely against the appellant. This Court finds no reasons on oity in the aforesaid factory. Thus the conviction of the appellant under Section 395 of the I.P.C. is upheld. Coming to the question of sentence, it is found that out of ten years sentence, the appellant has already undergone actual sentence of over five years and has earned some remissions also. It is also stated that the appellant has a wife and children to support. Taking into consideration the plea of mercy raised by the appellant and the facts and circumstances of the case, the impugned sentence of imprisonment of the appellant is reduced to R.I. for eight years and the fine is reduced to Rs.1,000/-. In default of payment of fine, he shall undergo further R.I. for one month. With this modification in the sentence, the appeal stands disposed of. A copy of this order be sent to the appellant through Superintendent, Jail.