JAI PARKASH Vs. STATE

JUDGEMENT

(1.) On August 31, 1973 Shri V.S. Aggrwal, Additional Sessions Judge, Delhi convicted the present appellant Shri Jai Parkash in respect of commission of offences punishable under section 392 and 397 of the Indian Penal Code (in short I.P.G). On 3rd September 1979 said learned Additional Sessions Judge, after hearing arguments, sentenced Jai Parkash appellant to undergo R.I. For four years for the offence punishable under Section 397 I.P.G. and 3 years R.I. for offence punishable under Section 392 I.P.G.

(2.) Inderjit (Public Witness 2) is sweet-meat seller. In 1978 he was carrying on that business at shop No. WZ-150-A Khanipur, Delhi. On Tuesday, Feb ruary 21, 1978 at about 1 115 PM aforesaid Inde jit was taking meals on a platform attached to his shop. Roshan Lal (Public Witness 3) who as a friend helps Inderjit in the working of the shop was also taking meals. Ghhotu alias Ram Sanehi, an employee of the shop was also there.

(3.) Case of the prosecution in brief is that two persons, who were subsequently found on investigation to be present appellant Jai Parkash and one Bhagirath, came on the shop of Inderjit. They asked for 'Prasad' of the value of Rs. 1.25. Inderjit gave them Prasad which was taken by the present appellant. Thereafter both of them requested for Burfi weighing 1 kilogram duly packed. Inderjit weighed 1 kilogram Burfi, packed the same and handed over to one of them, who kept the same in a motor car parked at some distance. Thereafter one of them requested Inderjit that latter should handover Jalaibi worth 50 paisc. Inderjit acceded to their request and both of them ate those 'Jalaibics', while standing in front of the shop. Inderjit was asked by them as to what they had to pay to the former. Inderjit told the amount to be Rs. 16.75. Jai Parkash appellant, with the ostensible object of taking out money put his hand in his pockets. But instead of money he took out a pistol, threatened Inderjit and directed the latter to handover whatever he had with him at that time. Inderjit was having about Rs. 250.00 in his pocket and cheque of Rs. 40.00 in cash box. He handed over the entire amount to Jai Parkash appellant. Both appellant and his companion Bhagirath threatened Inderjit that the latter should not disclose about the occurrence, to any one. Vipin Kumar (Public Witness 4) who carries on his business in a shop just opposite shop of Inderjit was present. He was also threatened by both the appellant and his accomplice and was directed to go inside the shop. On account of that Vipin retreated to his shop.