KALA KHAN Vs. STATE

JUDGEMENT

(1.) Two appeals of Kale Khan appellant (being. numbers 270 & 271 of 1974) are being decided together and the present judgment is being written in appeal No. 270 of 1974. The case of the prosecution is as follows :

(2.) The father of Sudershan Kumar was dealing in grocery at shop No. 122, Parwana Road, Radhey Sham Park, Gandhi Nagar Delhi.. On the night between 19th and 20th July) 1971 as usual, the shop was locked and Sudershan Kumar slept on a cot on the road in front of the shop. At about 1.30 A. M. he heard some sound of falling down of some articles in the shop. He felt alarmed. He got up and saw that the door of the shop was open and two men were standing near his cot. Feeling terrified Sudershan raised an alarm 'Chor' 'Chor' on account of which the two young men standing near his cot ran away. Sudershan Kumar recognised them as Ramesh and Khalil. The third person who was inside the shop picked up a transistor and started running. Sudershan Kumar chased him. In the mean time Ram Kishan P. W. 2, who was a Head Constable of Delhi Police and who was residing nearby house No. 66, Radhey Sham Park came out. When Ram Kishan and Sudershan Kumar tried to over power Kale Khan, latter took out a knife and threatened the former that the former would be given knife stabs. Ram Kishan struck a danda blow on the hand of Kale Khan on account of which knife fell down on the ground. He was apprehended along with the transistor. Search of Kale Khan was made and lock of the shop and a bunch of keys was found from one of the pockets of his pants. Manohar Lal, father of Sudershan Kumar who was sleeping at his house received information from some one in respect of the occurence. He reached the spot and rang-up the police. On receipt of information Head Constable Mukand Singh went to the place of occurence followed by Sub-Inspector Gopi Chand. Kale Khan was produced along with the transistor, lock, bunch of keys and knife before Gopi Chand, Sub Inspector Police, who took the same into possession and recorded the statement of Sudershan Kumar and sent the same for recording of first information reports.

(3.) After the completion of investigation two cases were instituted against Kale Khan. One of them was under Section 27 of the Arms Act. That case was against him alone. The appeal in connection with the said case is 271 of 1974. The other case against Kale Khan was as one of the accused along with Ramesh and Khalil in respect of commission of offences punishable under Section 457 and 380 1. P. C., the appeal in respect of which case is 270 of 1974.