* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : January 29, 2014
DECIDED ON : February 17, 2014
+ CRL.A. 623/2012
VIKRAM @ GANJA ..... Appellant Through : Mr.V.K.Shukla, Advocate.
versus
STATE ..... Respondent Through : Mr.Lovkesh Sawhney, APP for the
State.
CORAM:
MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. This appeal has been preferred by Vikram @ Ganja to challenge the legality of a judgment dated 30.03.2012 in Sessions Case No.122/11 arising out of FIR No.158/07 registered at Police Station Civil Lines by which he and his associates were held perpetrators of the crime under Section 395/397 IPC. By an order dated 03.04.2012, he was awarded RI for seven years with fine ` 5,000/- under Section 395 read with Section 397 IPC and in default of payment of fine to further undergo SI for five months.
2. The prosecution case, in brief, as projected in the charge- sheet is that on 26.06.2007 at about 3.15 a.m., at outer ring road, near Crl.A.No.623/2012 Page 1 of 7 CNG Pump, Chandgiram Akhara, Delhi, the appellant and his associates Sameer @ Sonu, Raj Kumar, Ashok Kumar and Amit @ Bouncer in furtherance of common intention committed decoity of 28 bags of plastic raw material loaded in a Tempo No.DL-1LH-4864 from the possession of its driver Jahangir Ali. It was further alleged that Vikram @ Ganja used a knife while committing decoity. Saleem @ Khan was found in poss