MOHD RAMJANI Vs. STATE

JUDGEMENT

(1.) MOHD. Ramjani, the appellant herein has preferred this appeal against the impugned judgment of learned Additional Sessions Judge dated 25.09.2008 and the order on sentence of the even date whereby the appellant has been convicted for the offence punishable under Section 392 read with 397 IPC and sentenced to undergo RI for the period of 07 years with fine of `100/-, in default of fine to undergo SI for the period of 07 days.

(2.) BRIEFLY put, case of the prosecution is that on 24.06.2005 at about 4:30 pm complainant Avdesh Tiwari (PW1) reached at Dhaula Kuan, Delhi from Bhiwani, District Alwar in a Haryana Roadways Bus. He was to go Nizamuddin Railway Station. He asked certain passersby for direction. Appellant Mohd. Ramjani told him that he was also to go to Nizamuddin and asked the complainant to accompany him. While they were going on foot towards the jungle, the appellant robbed the complainant of his purse containing `765/- on the point of knife. The appellant threatened the complainant not to tell anyone about the incident and proceeded towards the jungle. The complainant came back some distance and raised alarm. On this, Satish Kumar, Constable who was on patrol duty in civil dress approached the complainant who narrated the incident to him. Thereafter, constable Satish Kumar and the complainant went towards the direction in which the appellant had gone and he was apprehended. Satish Kumar, Constable searched the appellant and recovered a churi as also the purse of the complainant containing `765/-. It is further the case of the prosecution that Constable Satish Kumar thereafter informed the police station about the incident on telephone pursuant to which DD No.14A(Ex.PW3/A) was recorded at P.S. Chanakya Puri at 6:10 pm. Copy of DD report was entrusted to SI Brij Mohan, who immediately reached at the spot where Constable Satish Kumar produced the complainant as well as the appellant before him along with the case property i.e. churi and the purse containing `765/-. SI Brij Mohan prepared the sketch of the knife (churi) Ex.PW2/A. He converted the knife as well as the purse containing money into separate sealed packets and took those packets into possession vide seizure memos Exhibits PW1/B and PW1/C. He also recorded the statement of the complainant Ex.PW1/A, appended his endorsement on the same and sent it to the Police Station for registration of case through Constable Rajbir. FIR No.149/2005 under Sections 392 and 25 of the Arms Act was registered on the basis of said rukka. Other formalities of investigation were completed and thereafter, the appellant was challaned and sent for trial.

(3.) PW1 Avdesh Tiwari, complainant has reiterated his version given in his complaint Ex.PW1/A. He has testified that on 24.06.2005 at 4:30 pm, he came to Dhaula Kuan in a Roadways Bus. He was supposed to catch a train for Orissa from Nizamuddin Railway Station. He asked someone to seek direction. In the meanwhile, appellant told him that he was also going to Nizamuddin and asked him to accompany him. Thereafter, they proceeded towards the jungle on foot and on the way, the appellant robbed him of his purse containing `765/- on the point of knife. He has further stated that he raised alarm on which Constable Satish Kumar (PW2) came there and he narrated the incident to him. Thereafter, complainant Satish chased the appellant and apprehended him. He has further stated that on search, one chura and a purse containing `765/- was recovered from the possession of the appellant. He has proved his complaint Ex.PW1/A and seizure memo of chura as also the seizure memo of purse containing money Exhibits PW1/B and PW1/C.