Mogli @ Som Lal vs State
2016 Latest Caselaw 3685 Del

$~R-36
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Date of Decision : May 17, 2016

+                              CRL.A. 85/2014

      MOGLI @ SOM LAL                                ..... Appellant
               Represented by:       Mr.Ankur Sood, Advocate

                                     versus

      STATE                                         ..... Respondent
                   Represented by:   Mr.Varun Goswami, APP

CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

PRADEEP NANDRAJOG, J. (Oral)

1. Mogli has been convicted for the offence punishable under Section 397 IPC and has been imposed the minimum sentence contemplated by law i.e. 7 years rigorous imprisonment with fine in sum of `20,000/- in default of payment of which to undergo RI for further two months.

2. The victim is Sunil Kumar who appeared as PW-2. Working as a driver and plying truck No.HP-64-6875, accompanied by his friend Dinesh Kumar PW-4; having collected the fare from B-223, New Sabzi Mandi, Azadpur, as the two reached the main road where the truck was parked, four boys, one of them being Mogli, other three being : Chand, Amit (both juveniles) and one Patcheera (not arrested) accosted them. Mogli took out knife Ex.P-2 and put it on the neck of Sunil Kumar. Two boys caught Sunil Kumar. The fourth removed `2,000/- from his pocket. Achieving their goal

the four ran.

3. Dinesh raised an alarm. A PCR van stationed nearby responded to the cries of distress. ASI Raj Kumar was incharge of PCR vehicle Commander 36 and heard noise 'pakdo pakdo hame loot liya'. He chased the boys so did Sunil Kumar and Dinesh. Whereas three ran away, Mogli was apprehended at the spot and the knife recovered.

4. ASI Raj Kumar gave information over the wireless to the local police. SI Sandeep Kumar PW-8 responded to the call which was recorded at PS Mahender Park vide DD No.25A, Ex.PW-1/A by ASI Charan Singh PW-1. He proceeded to the spot where Mogli's custody was handed over to him by ASI Raj Kumar. He recorded Sunil's statement Ex.PW-2/A in which aforenoted facts have been recorded. He made endorsement Ex.PW-8/A beneath Mogli's statement, in which recovery of `2,000/- and a knife from Mogli as also Mogli being apprehended at the spot have been noted. FIR Ex.PW-1/B was thereafter registered for offences punishable under Sections 392, 411, 34 and Section 27 of the Arms Act.

5. For reasons unknown no challan was prepared for the offence punishable under Section 27 of the Arms Act.

6. Charged framed against Mogli was for having committed robbery and in the commission thereof using a deadly weapon.

7. I have perused the testimony of Sunil Kumar PW-2 and find corroboration thereto from the testimony of Dinesh Kumar PW-4. Further corroboration is found through the testimony of ASI Raj Kumar PW-3. The fact that Mogli was apprehended at the spot finds mention in the contemporaneous statement Ex.PW-2/A made by Sunil Kumar and endorsement Ex.PW-8/A beneath the same made by SI Sandeep Kumar.

8. The sketch Ex.PW-2/C of the knife Ex.P-2 shows total length being 13 inches. The blade portion is 8 inches.

9. In view of the facts noted hereinabove I accord the concurrence to the view taken by the learned Trial Judge that Mogli along with 2 juveniles and absconding accused committed robbery and to execute the evil desire Mogli used the knife Ex.P-2; which is a deadly weapon.

10. Conviction for offence punishable under Section 397 IPC stands and so does the sentence.

11. I waive the condition of fine.

12. The appeal is dismissed.

13. Since Mogli is in jail copy of this order be sent to the Superintendent Central Jail Tihar for updation of the jail record and to be thereafter handed over to Mogli.

14. TCR be returned.

(PRADEEP NANDRAJOG) JUDGE

MAY 17, 2016 mamta