KAUSHALENDER Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and sentence dated 22nd September, 1999 whereby the Appellant has been convicted for offences punishable under Sections 392/397/34 IPC and directed to undergo a sentence of rigorous imprisonment for seven years and a fine of '5,000/-. In default of payment of fine, the Appellant is to undergo simple imprisonment for five months.

(2.) The facts leading to the prosecution filing the charge-sheet are that on 24th October, 1997 at about 1.45 P.M. PW2 Sri Niwas Pandey who was working in R.N. Distributor at Mehrauli had gone to supply the medicines. While he along with Subhash Chand Pandey were returning towards Mehrauli on their respective bicycles, and reached at Vasant Kunj red light, Sri Niwas Pandey crossed over but Subhash Chand Pandey could not do so in view of the red light and followed him on the next green light. When PW2 reached at B1, Vasant Kunj out of the two boys going on foot, one desired to sit on his cycle. However, PW2 Sri Niwas Pandey refused saying that there was a bundle of medicines on the carrier of his cycle. Thereafter, the co-convict Abhay Raj Mishra gave a push to his cycle and PW2 along with his cycle fell down. The co-convict Abhay Raj Mishra took out a knife and asked him to hand over the money. Sri Nivas Pandey resisted and answered that he had no money with him but later on took out '3,500/- from the right side pocket of his pant which the co-convict took away and handed over to the present Appellant Kaushlender. Thereafter, both the accused ran away. In the meantime, Subhash Chand Pandey also came and both of them on their cycles chased the accused persons. As they had raised the alarm, at the gate of B-7, Vasant Kunj, public persons apprehended Abhay Raj Mishra however, the present Appellant herein managed to escape. Some public person informed the police about the said incident on which the police reached at the spot and apprehended the co-convict Abhay Raj Mishra. The statement of PW2 Sri Niwas Pandey was recorded vide Ex.PW2/A on the basis of which FIR was got registered. The co-convict was arrested on the spot and in pursuance of his disclosure statement and pointing out, the present Appellant Kaushlender was arrested from his house in Village Nawada. The Appellant got recovered a sum of '1,500/- from beneath the box in his room. After completion of investigation, the charge sheet was filed

(3.) Pursuant to the trial the learned Judge convicted the Appellant and the co-accused for the aforementioned offences. The Appellant Kaushlender has filed the present appeal. The appeal qua co-accused Abhay Raj Mishra being Cr. Appeal No. 531/1999 has been decided by this Court vide its judgment date 4th January, 2011.