Tofiq vs State
2013 Latest Caselaw 1802 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : 22nd April, 2013


+                     CRL.A. 70/2011

       TOFIQ
                                                              ..... Appellant
                              Through : Mr.Abdul Sattar, Advocate.

                              Versus

       STATE
                                                           ..... Respondent
                              Through : Mr.M.N.Dudeja, APP for the State.

AND
+                     CRL.A. 78/2011 & Crl.M.B.No.781/2011


       TANVEER & ANR
                                                              ..... Appellants
                              Through : Mr.Jaivir Bains, Advocate.

                                    Versus

       STATE
                                                             ..... Respondent
                              Through : Mr.M.N.Dudeja, APP for the State.
                                        Insp.Binay Singh, PS Hazrat
                                       Nizamuddin.


        CORAM:
        MR. JUSTICE S.P.GARG



Crl.A.Nos.70/2011 & 78/2011                                      Page 1 of 5
 S.P.GARG, J.

1. Appellants-Tofiq, Tanveer and Mohd.Afsar @ Kallu

challenge judgment dated 29.10.2010 in Sessions Case No.102/2009

arising out of FIR No.696/2007 registered at Police Station Hazrat

Nizamuddin by which they were held guilty for committing offence

punishable under Section 394 IPC and sentenced to undergo RI for four

years with fine of `2,000/- each.

2. Allegations against the appellants were that on 20.12.2007 at

06.15 P.M., Mohan Lal Sharma was going to Nizamuddin Railway Station

after crossing Lala Lajpat Rai Marg after attending his office situated at

C.G.O.Complex Office New Delhi. When he reached near the drain

(Ganda Nala), Tofiq pushed him as a result of which Mohan Lal Sharma

fell down. Mohd. Afsar @ Kallu and Tanvir caught hold of him and

attempted to snatch black bag containing `400/- and some documents.

Tanveer also inflicted knife injury on the left side abdomen of the

complainant. When they were not successful in snatching the

complainant's bag, they fled the spot leaving the complainant lying in

injured condition there. The victim was taken to Sahi hospital and from

there he was taken to AIIMs Trauma Centre, New Delhi. DD No.15A

was recorded at Police Station Hazrat Nizamuddin. SI Darsh Pandey

recorded the statement of the victim and lodged First Information Report.

During investigation, Tofiq and Mohd. Afsar @ Kallu were arrested on

22.12.2007 and their disclosure statements were recorded. Tanveer was

initially arrested on 22.12.2007 in FIR No.698/2007 under Section 25 of

the Arms Act. Pursuant to his disclosure statement, he was arrested in this

case. The appellants declined to participate in the TIP proceedings.

Statements of witnesses conversant with the facts were recorded. After

completion of the investigation, all the three assailants were charge-

sheeted and brought to trial. The prosecution examined nine witnesses.

In their 313 statements the appellants pleaded false implication. By the

impugned judgment they all were held guilty under Section 394/34 IPC

and sentenced.

3. During the course of arguments, the learned counsel for the

appellants, on instructions, stated that they have opted not to challenge the

findings on conviction under Section 394/34 IPC. He, however, prayed to

take lenient view as the appellants have already undergone substantial

period of sentence awarded to them.

4. I have heard the learned Additional Public Prosecutor and the

counsel for the appellants and have examined the record. Since the

appellants have opted not to contest the findings on conviction, their

conviction under Section 394/34 IPC as recorded by the Trial Court is

affirmed.

5. Regarding sentence, it appears that the appellants were

sentenced to undergo RI for four years with fine of `2000/-each. Nominal

roll dated 14.03.2012 reveals that the appellant-Tofiq has already

undergone substantive sentence of two years, two months and seven days.

He also earned remission for three months and ten days. The period has

now increased to more than three and a half years. Nominal roll dated

12.03.2012 reveals that Appellant-Mohd.Afsar has already undergone

substantive sentence of one year, nine months and fifteen days. He also

earned remission for five months and seventeen days. Nominal roll dated

14.03.2012 reveals that Appellant-Tanveer has already undergone

substantive sentence of one year, ten months and two days. He has also

earned remission for three months and ten days. The appellants are not

involved in any other criminal case. They are not previous convicts.

6. Considering all these mitigating circumstances, the order on

sentence is modified and the appellants are sentenced for the period

already undergone by them in this case. They shall, however, deposit the

fine of `2,000/- each within fifteen days before the Trial court.

7. The appeals stand disposed of in the above terms. Pending

application, if any, also stands disposed of.

8. Trial Court record be sent back along with the copy of this

order.

(S.P.GARG) JUDGE April 22, 2013 sa