KALLU Vs. STATE

JUDGEMENT

(1.) The present two appeals are directed against a common judgment and order of the Additional Sessions Judge, dated 22-01-1998, in S.C. No. 213/1993, by which the Appellants were convicted for having committed the offences punishable under Sections 392/34 IPC. Both the Appellants Kallu and Satpal were sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 15,000 in default of which they were to further undergo Rigorous Imprisonment for 1 year for their conviction under Section 394 IPC. Under Section 302 IPC Appellant Kallu was sentenced to undergo life imprisonment and to pay a fine of Rs. 15,000 in default of which he would further undergo Rigorous Imprisonment for one year.

(2.) According to the prosecution allegations, on 11-02-1988, Raj Kumar Kapoor (the complainant), with his mother, Padmavati, and a friend was travelling in a Maruti car from Meerut, when, at 08:15 PM, the car developed a snag, near the Nizamuddin Bridge. Naresh went out to fetch a mechanic, whereas Raj Kumar stepped out of the car, and stood by near the car, when at about 08:30 PM, two men, aged about 25-30 years, reached there. One of them was wearing a pyjama and kurta and holding a churri in his hand. The other one was wearing a shirt and a pant; he asked the complainant and Padmavati to hand over whatever they had. The complainant handed over his Citizen make wrist watch and a gold chain, pendent weighing about 10 gms and a sum of Rs. 30/-. The two persons then forcibly got off the complainant s leather jacket and also snatched a bag belonging to Padmawati, which contained her medicines, and thereafter walked towards the bridge. The complainant raised an alarm, upon which a cyclist and a scooterist (with a pillion riding on the scooter) intervened with the two attackers. The scooterist, Mahesh Chand, tried to stop the attackers. He had a scuffle with the robber who was armed with a churri. Mahesh was given a churri blow on his stomach by the assailant, resulting in his getting injured and falling down. The attackers then jumped towards the fields, and disappeared. The police arrived at the spot, and took the injured to the hospital. Mahesh was declared brought dead.

(3.) The complainant reported the matter; an FIR was recorded by the police. After investigation, the police arrested the Appellants/ accused, and charged them for committing the offences, for which they stood trial, and claimed to be not guilty. The Trial Court held that the prosecution had proved their guilt beyond reasonable doubt, and sentenced them to undergo the prison terms mentioned in the preceding part of this judgment.