RAJESH ALIAS RAJBIR Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 7 th January 2005 and Order on Sentence dated 11 th January 2005, whereby the appellant was convicted under Section 394/397 of IPC and was sentenced to undergo R.I. for 7 years and to pay fine of Rs.25,000/- or to undergo R.I. for three months in default.

(2.) On 8th November 2001, an information was received at Police Control Room regarding snatching in a bus in front of Liberty Cinema and someone getting injured in that incident. When the information was conveyed to Police Post Dev Nagar, the Incharge of Police Post SI Yashpal Singh reached Ram Manohar Lohia hospital, where ASI Balbir Singh, Incharge of PCR Van OSCAR 39 met him and informed him that he had got the injured admitted in the hospital. The complainant Vedpal was found admitted in the hospital. The IO recorded his statement. The complainant alleged that on that day, he took a bus from Peera Garhi Chowk and got down at Liberty Cinema, to take another bus. He then boarded bus at Route No. 926. When he was boarding the bus, he was surrounded by 3-4 boys, who started manhandling him and one of them removed Rs.5,300/- which he was carrying in the pocket of his pant. He further stated that as soon as one of the boys removed money from the pocket of his pant, he caught his hand, whereupon that boy handed over some money to his associate. The third person then removed the purse which he had kept in the hip pocket of his pant. The purse contained his identity card, pay slip, some visiting cards and a small diary. The person, whom he had held by hand, was made by him to get down from the bus. Three-four associates of that boy also got down from the bus and started manhandling him. The boy whom he had made get down from the bus took out a chhura and gave a blow above his left knee, as a result of which, he fell down. His other companion gave a knife blow on his pocket. He, however, despite being injured, caught one of them. In the meantime, PCR officials, who were watching this incident from the other side of the road, came running to him, whereupon other persons, including the boy who had given knife blow on his back, ran away. The appellant Rajesh is stated to be the person who was apprehended on the spot. The money belonging to the complainant is alleged to have been recovered from his possession, alongwith a Chhura.

(3.) The prosecution examined 14 witnesses in support of its case. No witness was examined in defence.