Delhi High Court
Balbir Singh @ Bawa vs State Nct Of Delhi on 4 February, 2014
Author: S. P. Garg
$-7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 4th FEBRUARY, 2014
+ CRL.A. 1081/2012 & CRL.M.B.No. 2453/2013
BALBIR SINGH @ BAWA ..... Appellant
Through : Mr.Mukesh Kalia, Advocate with
Mr.Karan Sachdeva, Advocate.
versus
STATE, NCT OF DELHI ..... Respondent
Through : Mr.Lovkesh Sawhney, APP.
SI Manoj Kumar, PS Punjabi Bagh.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Open Court)
1. On 05.07.2009, Daily Diary (DD) No. 7-A recorded at PS
Punjabi Bagh, Delhi, set the police machinery into motion. They came to
know that Sunil Chauhan was admitted at MGS hospital, Punjabi Bagh,
Delhi, by PCR. The Investigation Officer lodged First Information Report
after recording Sunil Chauhan's statement. He disclosed that on
05.07.2009 at about 02.00 A.M. when he was going on his motorcycle and
reached at red light in front of Alka Kori Restaurant, two boys on
motorcycle stopped it in front of his motorcycle. In the meanwhile, two
more boys also arrived there and surrounded him. Two of them having
knife like weapon assaulted him and the other two snatched his mobile
phone and purse containing health card, pan card, election card, driving
licence, credit cards and cash ` 1,200/-. He was also beaten by the
assailants. Efforts were made to find out the culprits but in vain. On
10.07.2009, Balbir Singh was apprehended in case FIR No. 188/09, PS
Kirti Nagar. The involvement of the appellant surfaced in this case. The
appellant declined to participate in the Test Identification Proceedings.
Pursuant to his disclosure statement, the police was able to recover purse
containing currency notes ` 300/-, one visiting card and some other
documents. The accused was charge-sheeted. The prosecution examined
fifteen witnesses. In 313 statement, the accused denied involvement in the
crime. The trial resulted in his conviction under Section 394/34 IPC. By
an order on sentence dated 22.08.2012, he was awarded RI for four years
with fine ` 1,000/-.
2. During the course of arguments, appellant's counsel on
instructions stated at Bar that Balbir Singh @ Bawa has given up
challenge to the findings recorded on conviction under Section 394 IPC
and accepts it voluntarily. He, however, prayed to take lenient view as the
appellant has clean antecedents and has suffered incarceration for more
than two years. Learned Addl. Public Prosecutor has no objection to
consider the mitigating circumstances.
3. Since the appellant has opted not to challenge findings of the
Trial Court on conviction under Section 394 IPC in view of the
overwhelming evidence of the complainant who identified him in the
Court as one of the assailants coupled with recovery of the robbed articles
from his house, his conviction stands affirmed. Nominal roll dated
28.01.2014 demonstrates that he has already undergone one year, seven
months and twenty four days incarceration besides remission for five
months and twenty six days as on 27.01.2014. He is not a previous
convict. One criminal case FIR No. 282/09 under Section 392/34 IPC PS
Paschim Vihar is pending trial. In criminal case at PS Kirti Nagar, the
appellant has been acquitted. The appellant was aged about 25 years on
the day of occurrence. He was to get married shortly. Before he could
solemnize the marriage, he was apprehended in the case and relations
came to an end. Considering these mitigating circumstances, the
substantive sentence of four years under Section 394 IPC awarded to the
appellant is modified and is reduced to RI for three years. Other terms and
conditions of the sentence order are left undisturbed.
4. Appeal stands disposed of in the above terms. Pending
application also stands disposed of as infructuous. A copy of the order be
sent to Superintendent Jail for information. Trial Court record be sent
back immediately.
(S.P.GARG)
JUDGE
FEBRUARY 04, 2014/ tr
