ABHAY RAJ MISHRA 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 Crl. A. No. 531/1999 Page 2 of 8 '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 Appellant herein gave a push to his cycle and PW2 along with his cycle fell down. The Appellant took out a knife and asked him to hand over the money. Srinivas 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 Appellant took away and handed over to his co-accused 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 Crl. A. No. 531/1999 Page 3 of 8 persons apprehended the Appellant, however, the co-accused managed to escape. Some public person informed the police about the said incident on which the police reached the spot and apprehended the Appellant. The statement of PW2 Sri Niwas Pandey was recorded vide Exhibit PW2/A on the basis of which FIR was got registered. The Appellant was arrested and in pursuance of his disclosure statement and pointing out co-accused Kaushlender was arrested from his house in Village Nawada. Kaushlender got recovered a total 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 co-accused Kaushlender has also filed an appeal however, since he has not been appearing, non-bailable warrants have been issued against him. Thus, the present appeal has been heard.