VEERPAL ALIAS VEERU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) ABOVE noted appeals are directed against the impugned judgment of conviction dated 30th January, 2008 in Sessions Case No.84/2004 FIR No.352/2000 P.S. Sriniwas Puri and consequent order on sentence dated 7th February, 2008 whereby the appellants Veerpal and Avdhesh have been convicted and sentenced under Section 392/397/34 IPC.

(2.) BRIEFLY stated, case of the prosecution is that on 24th August, 2000 complainant Madhav Krishan (PW-4) was dropped by his friend Shahid Khan at bus stop Sriniwas Puri. The complainant was waiting for the bus for Rohini. While he was waiting for the bus, the appellants Veerpal and Avdhesh came at bus stop Sriniwas Puri and robbed the complainant of his purse containing Rs. 221/-, besides some visiting cards and other documents, on the point of knife. The knife was shown to the complainant by the appellant Veerpal. After handing over his purse to the appellant Avdhesh, complainant Madhav Krishan mustered courage and caught hold of the appellant Veerpal and raised alarm. On hearing the alarm, PW6 Sukhjeet Singh came to the spot from the nearby taxi stand and he apprehended the appellant Avdhesh. Thereafter, complainant and PW Sukhjeet Singh took both the appellants to the police station and they handed over the knife as well as robbed purse containing money to the police. Statement of the complainant was recorded by the police, on the basis of which formal FIR was registered. After the necessary formalities of investigation, the appellants were challaned and sent for trial. Learned Additional Sessions Judge charged the appellants for the offences punishable under Section 392 read with Section 34 IPC as well as Section 397 IPC. Both the appellants pleaded innocence and claimed to be tried.

(3.) PW-6 Sukhjeet Singh has supported the version of the complainant. He testified that on 24th August, 2000, he was present at Amritsar Taxi Stand at around 10.30 p.m. when he heard the noise of "bachao bachao" coming from the side of bus stop Sriniwas Puri. He saw that a young person had caught hold of another person who was having a knife. On this, he picked a stick from the taxi stand and rushed to the bus stop. The person who was holding the appellant Veerpal told him that his purse was with the other appellant, thus, he over powered the other person. Thereafter, both of them were taken to the police station. Witness has identified the appellant Avdhesh as the person who was caught by him.