ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) This order will dispose of revision petition filed by Anil Kumar thereby challenging his conviction under Sec. 379 Indian Penal Code and the sentence of RI tor four months vide Judgment dated 26th February, 1979 and order dated 27th February, 1979 by Metropolitan Magistrate when on appeal was continued by an Addl. Sessions Judge, Delhi on 29th May, 1979.

(2.) Briefly stated the allegations against the petitioner have been that on 9th October, 1975 Sedu Ram along with his brother Solian Lal was travelling in Mini Bus No. DLP 5594 from Karol Bagh at about 5.00 P.M. The petitioner was also standing near him. Sedu Ram had raised his hands while nolding the rod in the ceming of the bus and at that time petitioner removed 10 rupee note from pocket. Hand of Anil Kumar was secured by Se Ram who threw 10 rupee note on the ground and tried to escape but was secured. They produced the 10 rupee currency note and Anil Kumar in P.S. Trilak Nagar where statement of Sedu Ram was recorded on the basis of which FIR 962 was recorded. The currency note Rs. 10.00 produced by Sedu Ram was taken into possession and it was with these allegations the challan was filed. In support of Rs case the prosecation cammed Swaran Kumar (Public Witness 1) Sedu Ram (Public Witness 2), Sohan Lal (P W 3) and ASt Mana singh (P W 4). The accused when examined under Sec 313 Cr.P.C. demed the ailegations and claimed that he has falsely been implicated in this case. He has also claimed that in fact no witness deposed against him but did not produce any evidence in defence.

(3.) After nearing arguments the trial resulted in conviction and sentence by me trial Court which was confirmed by the appellate Court.