MAHENDER SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THERE are two appellants before this Court namely Mahender Singh and Rakesh. They have both been convicted under Section 392 read with Section 34 of the IPC and have been sentenced to undergo RI for a period of three years and to pay a fine of Rs.2,000/ - and in default of payment of fine, to undergo SI for two months.

(2.) NOMINAL roll of the appellants have been requisitioned. Appellant Mahender Singh as on the date, when he had been granted bail, has suffered incarceration of about one year and 10 months. Nominal roll of co -appellant Rakesh reflects that as on the date when he had been granted bail, he has suffered incarceration of three months and 26 days.

(3.) FIVE witnesses were examined by the prosecution. The complainant as noted supra was examined as PW -4. The Investigating Officer SI Rajeshwar Rao (PW -5) was joined in the investigation by Constable Dharambir (PW -1) and Constable Samarvir Singh (PW -2). The arrest memo of Rakesh Ex.PW -1/DA evidenced his arrest on the same day i.e. on 08.02.2001 at 10:30 PM. The arrest memo of Mahender Singh evidenced his arrest on the following day i.e. on 09.02.2001 at 02:45 PM. The buttondar knife which had been recovered from appellant Rakesh had been taken into possession vide memo Ex.PW -1/B; the sketch of the knife was proved as Ex.PW -1/A.