GOPAL @ NIZAM Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) ABOVE two appeals are directed against the impugned judgment dated 05th November, 2004 in Sessions Case No. 272/2002, FIR No. 353/98, P.S. Sriniwas Puri, in terms of which the appellant Gopal @ Nizam has been convicted for the offence punishable under Section 394 read with Section 34 IPC and Section 397 IPC and the appellant Uday Bhan has been convicted for the offence under Section 394 read with Section 34 IPC as well as the consequent order on sentence dated 08th November, 2004.

(2.) BRIEFLY stated, the facts relevant for the instant appeals are that on 29th April, 1998 at about 11:40 a.m., an information was conveyed by Lady Constable Sudesh of PCR to police post New Friends Colony that some boys on a motorcycle No. 2171 have committed robbery of Rs. 90,000/ - and escaped after inflicting knife injury on a victim. This information was recorded as DD No. 9 at the police post and copy thereof was entrusted to ASI Pat Ram, who proceeded for the spot of occurrence along with Constable Ram Prasad. The police post Incharge SIJ.S. Joon and Home Guard Constable Daryal Singh were also sent to the spot of occurrence.

(3.) KAILASH Chand Sharma in his statement Ex.PW11/1 stated that he was working as Liaison Officer with M/s. Jindal Rolling Mills, D -1, Maharani Bagh. On 29th April, 1998, at about 11:00 a.m., he left his office for encashing a bearer cheque of Rs. 90,000/ -. After encashing the cheque from Canara Bank, Ashram Chowk, he kept the money comprising of 10 packets of Rs. 50/ -denomination each and 4 packets of Rs. 100/ - denomination each in a green cloth bag. When he was returning back to his office at around 11:20 a.m., while he was crossing the Ring Road and had reached the Central Verge, two young boys came from behind and started fighting with him. One of them snatched said bag from him. When he resisted, the other boy inflicted an injury on his left hip with a knife like instrument, consequently he started bleeding and fell down. Thereafter, those boys escaped with the bag containing money on a motorcycle which was either 'Hero Honda' or 'Yamaha' and its registration number was 2171. The complainant also stated that one of those boys was aged around 24 -25 years with fair complexion. His height was about 05 feet 07 inches. The other boy was aged around 22 -23 years and claimed that he would be able to identify them if shown to him.