Sat. May 8th, 2021

Jitender Kumar vs State (Govt Of Nct Of Delhi) on 5 June, 2017

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HON’BLE MR. JUSTICE I.S.MEHTA

I.S.MEHTA, J (ORAL)

1. The instant appeal is arising out of the judgment dated 25.08.2014 and
order on sentence dated 28.08.2014, wherein the appellant Jitender Kumar was
convicted for committing offences punishable under Sections 392/394/34 IPC.
Aggrieved by the said judgment and order on sentence, the appellant has
preferred the instant appeal.

2. Briefly facts stated are that on receiving information vide DD No.58B,
dated 29.05.2010 to the effect that three boys riding on motorcycle bearing
No.DL-8S-AG-8054 had snatched money, mobile phone and ring near Keshav
Puram Police Station. ASI Bhagwat Singh along with Ct. Parvinder reached at
the spot, where they met the complainant Harsh Chauhan in injured condition,

Crl.A.1382/2014 Page 1 of 5
who was sent to BJRM Hospital and was medically examined. They recorded
the statement of complainant and case was registered being FIR No.176/2010.
During the course of investigation, the details of owner of motorcycle bearing
No. DL-8S-AG-8054 were obtained and raid was conducted at house of the
appellant- Jitender, who was arrested on the identification of complainant. His
personal search was conducted and during interrogation he got recovered one
motorcycle bearing No. DL-8S-AG-8054, which was used in the commission of
aforementioned crime. The appellant-Jitender thereafter made disclosure
statement, wherein he disclosed about involvement of other co-accused persons
namely Alok @ Lala and Ashish Kumar @ George Bush. After completion of
the investigation, charge sheet was filed. After filing the charge sheet,
prosecution examined 6 witnesses in order to prove its case. In their defence, the
convict persons also examined one witness. Upon appreciation of evidence and
after considering the contentions of the appellant and his associates, they all
were convicted by the impugned judgment dated 25.08.2014. By an order dated
28.08.2014, the appellant was awarded Rigorous Imprisonment for five years
with fine of Rs.1,000/- under Section 392/34 IPC and in default of payment of
fine he shall undergo one and half year simple imprisonment. He was also
awarded Rigorous Imprisonment for five year under Section 394/34 IPC with
fine of Rs.1,000 and in default of payment of fine to undergo one and half year
simple imprisonment. Compensation to the tune of Rs.5,000/- was also awarded
against each convict persons. All the sentences were to operate concurrently.
Being aggrieved and dissatisfied, the appellant has filed the instant appeal.

Source: Indian Kanoon

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