VIJAY Vs. STATE

JUDGEMENT

(1.) These three appeals arise from a common judgment dated 7th April 2004 and Order on Sentence dated 8th April 2004 whereby the appellants were convicted under Section 397/34 of IPC and were sentenced to undergo R.I. for 10 years, each and to pay fine of Rs.500/- or to undergo S.I. for one month, each in default. Manoj, the appellant in Criminal Appeal 513/2004, who was also tried along with these appellants was sentenced to undergo R.I. for 7 years and to pay fine of Rs.500/- or to undergo S.I. for one month, in default.

(2.) The case of the prosecution, in nutshell, is that PW-2 Bijender Singh, who is an Ortho Surgeon, was going to New Delhi Railway Station by foot on 8th August 2003. When he reached Outer Circle, Connaught Place, opposite Petrol Pump of H Block at about 9.40 PM, all the four accused accosted him near the Petrol Pump. One of them caught hold of his shirt, whereas remaining three gave him fist blows and abused him. The appellant Deepak used a razor in commission of robbery. One mobile phone, wrist watch, purse containing some cash and identity card, etc. of complainant were removed from his possession. The appellants Ajay and Deepak were apprehended on the spot. The stolen purse was recovered from the possession of Ajay, whereas the razor used in the robbery was recovered from the possession of Deepak. The appellant Vijay was arrested from Panchkuian Road and the stolen mobile phone was recovered from his possession.

(3.) The complainant came in the witness box as PW-2 and supported the case set up by him in the FIR. He stated that on 8th August 2003, when he was going to Railway Station via Outer Circle of Connaught Place and reached near Petrol Pump at about 9.40 PM, all the four accused persons in the Court pounced upon him, all of a sudden. The appellant Ajay caught hold of him by collar and rest of the accused gave him fist blows and thrashed him down. The appellant Vijay snatched away his mobile and ran away. The appellant Ajay snatched away his wrist watch, whereas Manoj removed the purse from his pocket. He further stated that the appellant Deepak brought out a razor and threatened to thrash it in his belly. When he raised alarm, the accused persons started running away towards Inner Circle of Connaught Place. He caught hold of Manoj, whereas two other were caught hold by police. The appellant Vijay ran away from the spot. Manoj had handed over the watch to Vijay before he could run away. According to him, his purse Ex.P-1 was recovered from the possession of Ajay, whereas his mobile Ex.P- 2 was recovered subsequently. He further stated that razor was recovered from the possession of Deepak. The complainant also stated that the police took him to Punchkuian Road, where the appellant Vijay was arrested and his mobile phone was recovered from his possession.