RAKESH TIWARI Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) The appellants have filed the present appeal impugning a judgment dated 12.05.2016, whereby Rakesh Tiwari (appellant no.1) was convicted of an offence punishable under Sections 394/34 read with Section 397 of the Indian Penal Code, 1860 (hereinafter 'IPC'). Accused Pappu Jogi (appellant no.2) was convicted of an offence punishable under Sections 394/34 of the IPC but was acquitted of the offence punishable under Section 397 of the IPC, as the court found that there was no evidence to establish that he used a knife or any sharp edged weapon for committing the said offence. The appellants also impugn an order on sentence dated 19.05.2016, whereby they were each sentenced to rigorous imprisonment for a period of seven years along with a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months.

(2.) It is the case of the prosecution that on 18.10.2014, at about 11:30 p.m. to 12:00 a.m. (midnight), two young men, Sachin Kumar and Harender - who were aged about 24 years and 21 years respectively at the material time - were travelling on a motorcycle. When they reached Pyare Lal Marg, near a napkin/tissue paper factory, Village Karawal Nagar, Rakesh Tiwari (appellant no.1) accosted them. He was accompanied by two of his associates. He signaled Sachin Kumar to stop the motorcycle. However, he did not stop the motorcycle but sounded the horn indicating the appellant and his accomplices to give way. However, the appellant and his associates did not do so. One of the associates of appellant no.1, Pappu Jogi (appellant no.2 herein) caught hold of Sachin's left hand and appellant no.1 stabbed Sachin in his right ear and his neck with a knife or a sharp edged weapon. Sachin was beaten by the other accomplices of the appellants. Thereafter, the appellants and their accomplices snatched the gold chain and the gold bracelet worn by Sachin and also took his wallet containing about Rs. 7,000/- to Rs. 8,000/-. Harender, who was travelling with Sachin, was also beaten. Thereafter, the appellants and their accomplices fled from the spot. Harender took Sachin on the motorcycle to Guru Teg Bahadur Hospital (GTB Hospital). Sachin's wounds were stitched and dressed by the concerned doctors at the said hospital. He remained there till about 03:00 a.m. In the meantime, SI Manoj, who was assigned the task of making inquiries in connection with the information of the incident, reached the hospital. He recorded the statement of Sachin (Ex.PW1/A) and he prepared the tehrir and handed it over to Ct. Devendra Singh who had accompanied him for registration of the FIR. Ct. Devendera Singh took the tehrir and went back to the police station (PS Karawal Nagar) and the FIR in question (FIR bearing no. 943/2014, under Sections 394/34 of the IPC) was registered.

(3.) The accused were apprehended in another case. It is the prosecution's case that on 23.01.2015 at about 09:05 p.m., Ct. Manjit Kumar, HC Vinay Kumar and SI Shahid Ali were present at a T-point, opposite Zama Masjid, Seema Puri, New Delhi. They had accosted and apprehended two persons (the appellants herein) who were riding a motorcycle. On searching them, one loaded country made pistol was recovered from the possession of the pillion rider, who was identified as Rakesh Tiwari (appellant no. 1). The person who was riding the motorcycle could not give a satisfactory response regarding the ownership of the motorcycle. It was found that the same was stolen and was connected with a criminal case registered with PS Gandhi Nagar.