MUNNA Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred under S. 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA) against the judgment and order dated 26-9-1997 of Additional Designated Court II, Delhi, by which the appellant-Munna and co-accused-Ravi and Rakesh alias Ravi were convicted under Ss. 392/120-B, I.P.C. and S. 120-B, I.P.C. and were sentenced to 7 years R.I. and a fine of Rs. 500/- under the first count and 4 years R.I. and a fine of Rs. 500/- under the second count. Ravi accused was further convicted under S. 397, I.P.C. and S. 5 of TADA and was sentenced to 7 years R.I. under the first count and 5 years and a fine of Rs. 500/- under the second count. In default of payment of fine under each count, the accused were to undergo 3 months R.I. and all the sentences were ordered to run concurrently. It appears that Ravi and Rakesh alias Ravi-accused did not prefer any appeal challenging their conviction and sentence and only the appeal preferred by Munna accused is before us.

(2.) The case of the prosecution, as disclosed from the evidence, in brief is that P.W. 6 Shri Prakash Bablani and his wife P.W. 3 Smt. Sadhna Bablani were residing on the first floor of house No. 27/21, Shakti Nagar, Delhi. The incident took place at about 11.00 a.m. on 5-10-1991, when the maid servant had left after finishing her daily work and the front door of the house was open. Smt. Sadhna Bablani who was alone in the house was talking to someone on telephone when four boys entered the house and bolted the door from inside. They enquired about the keys of the almirah and tied her hands on the back side and a portion of a lungi was forcibly inserted in her mouth so that she may not be able to make any noise. One of the robbers who was holding a country made pistol was constantly holding out threats that he would shoot her. The robbers broke open the lock of the steel almirah by using a curtain rod and a screw driver and removed currency notes worth about Rs. 1.5 to 2 lakhs and some silver coins and other articles. One of the robbers removed the golden bangles from the hands of Smt. Sadhna Bablani. When the robbers were still inside the house, Prakash Bablani came from outside and started ringing the electric bell. Not getting any response from his wife, he kept on ringing the bell for a long time. Smt. Sadhna Bablani then somehow gathered courage and shouted. Thereafter, Prakash Bablani broke open the door and came inside. Seeing him one of the robbers kept the currency notes in a polythene bag and jumped down on the road from the balcony of the house. Amongst the robbers, one person namely, Ravi was caught by Prakash Bablani. The remaining two also succeeded in jumping from the balcony of the house to the road and managed to escape. Hearing the commotion and noise P.W. 5, Mohd. Akbar, Head Constable, who was on patrol duty, had also arrived at the scene and had seen the robbers jumping from the balcony and running away. He helped Prakash Bablani in apprehending Ravi-accused. In order to free himself, Ravi had given blows by the country-made pistol on the forehead of Prakash Bablani and in that process the same fell down on the ground. Thereafter, information was sent and the local police came to the spot who took Ravi-accused in their custody. On the basis of the statement of Smt. Sadhna Bablani, an FIR was lodged on the same day at P.S. Roop Nagar. The investigation of the case was done by P.W. 10 Satya Pal, S.I., P.S. Roop Nagar. He summoned the crime team and dog squad. The country-made pistol was taken into possession and a cartridge was unloaded from the same. One cartridge was found on the floor and the same was also taken into possession. The articles were sealed and their seizure memo was prepared. He also took in his possession the lungi which had been used in gagging Smt. Sadhna Bablani and the same was sealed. Ravi made a disclosure statement on the next day that his companions in the crime were Munna, Rakesh alias Ravi and Sat Narain. Rakesh was then arrested from Mandolia Park and a country-made pistol was recovered from his possession. On the basis of a disclosure statement made by him on 9-10-1991 a bundle of currency notes amounting to Rs. 10,000/- was recovered from under some cloth from Jhuggi No. 55 in Lal Bagh. This bundle of currency notes bore a stamp of "Bablani Plywood Traders Pvt. Ltd." and also of Vijaya Bank. The appellant-Munna was arrested on 14-2-1992 and a knife was recovered from his possession for which a case under the Arms Act was registered against him. He was produced with his face muffled in the Court of Metropolitan Magistrate, Delhi on 15-2-1992 and a prayer was made for holding his test identification parade, but he declined to participate in the same. Similar application had also been moved by the Investigating Officer earlier on 14-10-1991 for holding test identification parade of Rakesh alias Ravi accused, but he had also declined to participate in any test identification parade. After completing investigation. P.W. 10 Satya Pal, S.I., initially submitted a charge-sheet against two accused namely, Ravi and Rakesh alias Ravi. A supplementary charge-sheet was submitted against Munna-accused, as he had been declared as absconder and had been arrested later on.

(3.) The designated Court framed charges under Ss. 120-B and 392 read with S. 120-B, I.P.C. against four accused, viz. Munna, Ravi, Rakesh alias Ravi and Kishan. Charges under S. 397 read with S. 392, I.P.C. and under S. 5, TADA and Ss. 87/27, Arms Act was also framed against Ravi-accused by the order dated 26-8-1995. The charges were read over and explained to the accused to which they pleaded not guilty and claimed to be tried. The prosecution in support of its case examined 11 witnesses including three eye-witnesses and filed some documentary evidence. The material exhibits were also produced before the Court. The accused in their statement under S. 313, Cr. P.C. denied the case of the prosecution and submitted that they had been falsely implicated. However, they did not lead any evidence in their defence. The designated Court believed the case of the prosecution and convicted and sentenced Munna, Ravi and Rakesh alias Ravi, as mentioned earlier. Kishan accused was, however, acquitted.