RAJU Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 05th December, 2008 and order of sentence dated 12th December, 2008, whereby the appellant was convicted under Section 392 IPC read with 397/34 thereof and was sentenced to undergo RI for 7 years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo simple imprisonment for three months.

(2.) The complainant Saravjeet Singh went to Police Station Paschim Vihar on 01.01.2005 and lodged FIR, stating therein, that on that day he was returning home in his car No. DL 9 CG-6789. When he was reached at the traffic light of T Point of Road No. 19/20 at about 12:30 a.m. and was waiting at the intersection, four boys came there. Two of them stood in front of his car, whereas the remaining two knocked at the window of his car. When the complainant pulled down the glass of the window, one of them put a knife on his neck and the other took out the keys of the car. When the complainant tried to remove the knife from his neck, he sustained injuries on his right hand and on his nose. The culprits then removed the two gold rings which the complainant was wearing and also snatched the mobile phone which he was carrying.

(3.) The prosecution examined 10 witnesses in support of its case. No witness was examined in defence. The complainant came in the witness box as PW-4 and stated that in the night intervening 31.12.2004 and 01.01.2005, he was going to his house from his office in his car No. DL 9 CG-6789. When he reached the traffic light of T Point of Road No. 19/20 at about 12:30 a.m. and was waiting at the intersection, four boys came there, two of whom stood in front of his car, whereas the remaining two knocked at the window and sought lift. When he pulled down the window glass one of them put a knife on his neck and the other took out the keys of the car. When the complainant tried to remove the knife from his neck, he sustained injuries on his right hand and head but those boys removed the two gold rings and also snatched the mobile phone. He identified the appellant Raju as one of those four boys and said that Raju was having knife with him and was asking the other associates to kill him.