Delhi High Court
Mohd.Jahangir Khan @ Takla vs State (Govt. Of Nct) Of Delhi on 20 March, 2014
Author: S. P. Garg
Bench: 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 Crl.A.No.1240/2012 Page 1 of 5 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 Crl.A.No.1240/2012 Page 2 of 5 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.
Crl.A.No.1240/2012 Page 3 of 5
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 Crl.A.No.1240/2012 Page 4 of 5 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 Crl.A.No.1240/2012 Page 5 of 5