Delhi High Court
Mohd.Jahangir Khan @ Takla vs State (Govt. Of Nct) Of Delhi on 20 March, 2014
Author: S. P. Garg
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 20th MARCH, 2014
+ CRL.A.1240/2012
MOHD.JAHANGIR KHAN @ TAKLA ..... Appellant
Through : Mr.S.B.Dandapani, Advocate.
VERSUS
STATE (GOVT. OF NCT) OF DELHI .... Respondent
Through : Mr.Lovkesh Sawhney, APP.
CORAM:
MR. JUSTICE S.P.GARG
S.P.GARG, J. (Open Court)
1. Mohd. Jahangir Khan @ Takla (the appellant) questions the
legality and correctness of a judgment dated 31.03.2012 in Sessions Case
No.137/11 arising out of FIR No.267/08 registered at Police Station Dabri
by which he was convicted for committing offence under Section 395
IPC. By an order on sentence dated 09.04.2012, he was awarded rigorous
imprisonment for ten years with fine `25,000/- under Section 395 IPC.
2. Allegations against the appellant were that on 12.05.2008 at
about 11.45 A.M. at house No.RZ-B-2, Raghu Nagar, Pankha Road,
Dabri, he and his associates committed decoity and deprived the
complainant Smt.Seema Sharma and her family members of cash and
gold/silver ornaments using deadly weapons. Daily Diary (DD) No.22
(Ex.PW-6/A) was recorded at 01.05 P.M. at Police Station Dabri
regarding the incident. The investigation was assigned to SI Narender
Singh who with Const.Amar Singh went to the spot. After recording
complainant-Seema Sharma's statement (Ex.PW-1/A) he lodged First
Information Report. Efforts were made to find out the culprits but in vain.
On 31.08.2008 SI Narender Singh received DD No.111-B (Ex.PW5/A)
dated 30.08.2008 which was recorded pursuant to the information
received from SOS/Crime Branch, Sunlight Colony, New Delhi informing
that one of the offenders namely Rajan Saha was arrested under Section
41.1(d) of Cr.P.C. and would be produced before Duty M.M. next day
i.e.31.08.08. It was further informed that Rajan Saha had made a
disclosure statement regarding his involvement in the decoity in question.
Accordingly Rajan Saha was arrested on 31.08.2008. When he declined
to participate in the TIP proceedings, he was taken on remand. TSR mini
door for `2,10,000/- and Hunk motorcycle for `59,000/- purchased out of
the booty in the name of his brother-in-law Manoj was recovered pursuant
to his disclosure statement. The looted mobile phone bearing IMEI
No.359945000295694 of make-Fly with sim No.9910211900 was also
recovered from him. He disclosed the names of the associates and it led
to the apprehension of Mohd.Shakil, Mohd.Vakil, Zaved @ Mukesh and
Mohd. Aziz @ Guddu. They were also arrested and recoveries were
effected at their instance. The appellant - Mohd. Jahangir Khan @ Takla
was arrested in this case on 15.10.2008 but nothing was recovered at his
instance. During the course of investigation, statement of witnesses
conversant with the facts were recorded and after completion of
investigation a charge-sheet was submitted against all of them for
committing offences under Sections 395/397/412 IPC and 25/27 Arms
Act. Vide order dated 07.08.2009, the appellant and his associates were
charged under Sections 395/412/397/34 IPC. The prosecution examined
21 witnesses to prove the charges. In 313 statements, the accused persons
denied their involvement in the crime and pleaded false implication.
Rajan Saha examined his brother-in-law Manoj Kumar as DW-1 in
defence. On appreciating the evidence and after considering the rival
contentions of the parties, the Trial Court by the impugned judgment
convicted all of them under Section 395/34 IPC. Rajan Saha, Aziz, Shakil
and Vakil were also convicted under 412 IPC. They were, however,
acquitted under Section 397 IPC and the State did not challenge the said
acquittal.
3. During the course of arguments, appellant's counsel on
instructions stated at Bar that the appellant - Mohd. Jahangir Khan @
Takla has opted not to challenge the findings of the Trial Court on
conviction. He, however, prayed to take lenient view as the appellant has
already undergone substantial portion of the substantive sentence awarded
to him and is not a previous convict. Learned Additional Public
Prosecutor has no objection to it.
4. Since the appellant - Mohd. Jahangir Khan @ Takla has
given up challenge to the findings of the Trial Court on conviction under
Section 395 IPC and accepts it voluntarily in the presence of
overwhelming evidence in the statements of PW-1 (Seema Sharma), PW-
2 (Rajbala) and PW-3 (Noor Alam), inmates of the house, who identified
him as one of the assailants, his conviction is affirmed. The appellant was
sentenced to undergo rigorous imprisonment for ten years with fine
`25,000/- under Section 395 IPC. Nominal roll dated 04.10.2012 reveals
that he has suffered incarceration for three years, eleven months and eight
days besides remission for one month and eleven days as on 24.09.2012.
He is not involved in any criminal case and his overall jail conduct is
satisfactory. It is informed that he is the only bread earner of the family
which comprises of wife and three minor children. The appellant has no
criminal past history/antecedents and was the first offender. Though the
assailants were armed with deadly weapons, no physical harm was caused
to any of the inmates. Considering these mitigating circumstances, the
substantive sentence of the appellant is reduced to seven years under
Section 395 IPC. Other terms and conditions of the sentence order are left
undisturbed except that the default sentence for non-payment of fine of `
25,000/- would be three months.
5. The appeal stands disposed of in the above terms. Trial
Court record be sent back immediately.
6. Order dasti.
(S.P.GARG)
JUDGE
MARCH 20, 2014/tr
