SANTOSH ALIAS MUSTAFA Vs. STATE

JUDGEMENT

(1.) THESE two appeals have been preferred by the appellants assailing a common judgment dated 25th September 2008 passed by learned Sessions Judge whereby the learned Sessions Judge convicted both the appellants for the offences punishable under Sections 392 read with Section 34 and 397 IPC and sentenced them vide order dated 1st October 2008 to undergo rigorous imprisonment for a period of seven years under Section 397 IPC with fine of Rs.500/- and three years rigorous imprisonment under Section 392 IPC.

(2.) THE FIR against the appellants was lodged on the statement of Rajbir Singh who was the victim of robbery. On 1st April 2007, he was returning from Faridabad Sector-28 where he was working, on his bicycle. When he reached Mangal Bazzar Road street no.4, D Block Sangam Vihar at about 11 pm, the appellants stopped him and asked him about street no.9. THE moment Rajbir Singh stopped, both the appellants pounced upon him and took out knives and pointed the knives at him and asked him to hand over whatever he had otherwise he would be stabbed. THE money and other articles were taken from the pockets of his shirt and pant. He (victim) was carrying Rs.600/- in pocket of his pant. A diary and ICICI slip from his shirt pocket. THEse things were taken from him on the knife point and after looting him, they ran away. Immediately thereafter, the victim raised alarm about his being looted. ASI Karamvir and Constable Banwari were on patrolling duty in the area on that day and they heard alarm and they chased the appellants. Both were apprehended after chase and their names, addresses etc were inquired. A search was taken and on search one knife each was recovered from both of them. A diary along with ICICI bank slip also recovered from Santosh @ Mustafa and Rs.600/- and a knife was recovered from appellant Ravi Shankar. Both of them were apprehended.

(3.) IT is argued by the counsel for the appellant that the trial court had not considered the contradictions in the statements of Rajbir Singh. While he initially stated that both the accused persons were arrested at the spot after chase but during cross examination he stated that accused Ravi Shankar was apprehended by the police later on and he was called at the police station on next day morning to identify him and he identified accused Ravi Shankar and therefore the deposition of Rajbir Singh is not trustworthy.