KHALID QURESHI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) KHALID Qureshi (the appellant) challenges the legality and correctness of a judgment dated 29.03.2001 of learned Addl. Sessions Judge in Sessions Case No. 24/99 arising out of FIR No. 106/99 PS Lajpat Nagar whereby he was convicted for committing offence punishable under Section 392 read with Section 397 IPC. By an order on sentence dated 09.04.2001, he was awarded RI for seven years with fine Rs. 10/ - under Section 392/397 IPC.

(2.) ALLEGATIONS against the appellant were that on 30.01.1999 at about 07.45 P.M. near District Park, opposite Kailash Hills, Kalkaji, he and his associate Jeetu Chaudhary @ Jitender (since acquitted) committed robbery and deprived Puran Singh and Jagannath Dass of cash Rs. 50/ - and Rs. 40/ -, respectively. The Investigating Officer lodged First Information Report, after recording Puran Singh's statement (Ex.PW -1/A). During the course of investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was filed against Khalid Qureshi and Jeetu Chaudhary @ Jitender. They were duly charged and brought to trial. The prosecution examined nine witnesses to establish their guilt. In their 313 statements, the accused persons denied complicity in the crime and pleaded false implication. The trial resulted in conviction of the appellant under Section 392 read with Section 397 IPC whereas Jeetu Chaudhary @ Jitender was acquitted of the charge. It is apt to note that State did not challenge his acquittal. Being aggrieved, Khalid Qureshi has preferred the appeal.

(3.) IN the light of above discussion, the impugned judgment cannot be sustained. The appeal is accepted. Conviction and sentence awarded to the appellant are set aside. Bail bond and surety bond stand discharged. Trial Court record be sent back forthwith.