STATE Vs. MOHD MAZID AND ANR.

JUDGEMENT

(1.) Crl. M.A. No. 9636/2011 (exemption)

(2.) THE Petitioner has assailed the judgment dated 15.03.2011 passed by ld. Additional Sessions Judge/South -East District, Saket Courts, New Delhi, whereby, the accused persons were acquitted from all the charges against them in case FIR No. 148/2008 at police station C. R. Park, New Delhi.

(3.) ADDITIONALLY , PW1 has categorically deposed that he withdrew Rs. 86,000/ - from HDFC Bank, GK -II, Masjid Moth, New Delhi. After withdrawing the amount, he reached near his motorcycle No. DL -3S -AR -3818 which was parked in front of the bank. When he was trying to start his motorcycle, a person from the opposite side of the road came and he put a country made pistol on his chest and pushed the trigger twice, but it was misfired. That person was trying to snatch his bag containing the abovesaid amount. He pushed him, as a result of which, the country made pistol fell down on the ground. He put his leg on the said country made pistol. When the accused could not snatch his bag, he put off his helmet and hit the same on the head of complainant thrice. Thereafter, that person again wore helmet and ran towards the road where one person was sitting on a motorcycle at the road. Thereafter, motorcyclist and that person ran away from the spot. Accordingly, he informed the police. He handed over the country made pistol to police. His statement was recorded which is Ex.PW1/A. Police prepared the sketch of the country made pistol and the cartridges; same is Ex.PW1/C.