MOHD.NASEEM Vs. STATE

JUDGEMENT

(1.) BY this Order, I shall dispose of all the four appeals referred to above, which are directed against a common judgment dated 22.2.2005 and order of sentence dated 25.2.2005, whereby the appellant Mohd.Naseem was convicted under Section 392 and Section 397 of IPC as well as under Section 25 of Arms Act, whereas the other appellants were convicted under Section 392 of IPC read with Section 34 thereof. The appellant Mohd. Naseem was sentenced to undergo RI for seven years and to pay fine of Rs.1,000.00 or to undergo RI for six months in default under Section 392/397 of IPC and was further sentenced to undergo RI for one year and to pay fine of Rs.500.00 or to undergo RI for three months in default under Section 25 of Arms Act, whereas the remaining appellants were sentenced to undergo RI for four years each and to pay fine of Rs.1,000.00 each or to under RI for six months each in default of payment of fine.

(2.) IN the night of 19th August, 2000, on receipt of copy of DD No.73-B, IO of this case, SI Balbir Singh, went to Jawaharlal Nehru Marg, near Emergency Gate of JPN Hospital, where HC Balbir Singh of PCR Van, bus owner Ram Singh and conductor Raj Kumar met him. The conductor produced the appellant Naseem along with a country made pistol. In his statement to the IO Raj Kumar stated that he was driver of bus No.DL 1 P-A 3821 plying on Bus Route No.39 from Jheel to Kanhaiya Nagar. He further stated that at about 10.05 p.m. on that day when the bus reached the bus stand opposite JPN Hospital, four boys got the bus stopped and one of them boarded the bus. He took out a country made pistol from the pant which he was wearing and asked him as to who the owner of the bus was. Thereupon, Ram Singh, who was sitting in the bus got up. He was made to get down from the bus. The country-made pistol was kept on the temple of the complainant Raj Kumar and he also was made to get down from the bus. Two of the three companions of the person wielding countrymade pistol searched Ram Singh and removed Rs.3,000.00 from his pocket, whereas the third person accompanying him removed Rs.1,200.00 from the possession of the complainant. Thereafter, all of them ran towards Delhi Gate. The complainant and his employer Ram Singh raised an alarm and chased them. One PCR Van was standing near Emergency Gate of JPN Hospital. One of the boys was apprehended by PCR officials. His name later came to be known as Mohod.Naseem and one country-made pistol was seized from his right hand.

(3.) RAJ Kumar came in the witness box as PW-1 but did not support the prosecution case. He stated that when they reached near Pant Hospital, three boys gave signal to stop the bus, but, thereafter nothing was done by them and no money was snatched. He was cross-examined by the APP, but he denied the case of the prosecution as set-up in the FIR lodged by him.