RAJENDRA Vs. STATE OF DELHI

JUDGEMENT

(1.) These are two appeals from the order of the Additional Sessions Judge dated January 31, 1981. One is by Rajinder appellant (Criminal Appeal No. 66 of 19811. The other is by Jai Singh appellant (Criminal Appeal No. 23 of 1981). Rajinder and Jai Singh were tried for offences under section 392 read with section 397 Indian Penal Code and section 27 of the Arms Act. They were convicted by the Additional Sessions Judge. To Rajinder he awarded 10 years R.I. under section 392 read with section 397 Indian Penal Code. He also sentenced him to 5 years R.I. under section 27 of the Arms Act. Jai Singh was sentenced to 10 years R.I. under section 392 read with section 397. He was also awarded sentence of three years R.I. under section 27 of the Arms Act. From these convictions and sentences Rajinder and Jai Singh have brought these two, appeals.

(2.) The facts are as follows. On March 19, 1980 at about 2 p.m. the complainant Dharampal Vij (P.W. 1) was going in his car from Azadpur to Punjabi Bagh. He was driving on the Ring Road. When he reached near Wazirpur Depot, three persons riding on a motor cycle came from behind. They were (1) Dharam Pal, (2) Rajinder (appellant in Criminal Appeal No. 66) and (3) Jai Singh (Appellant in Criminal Appeal No. 23). They overtook him. They parked their motor cycle in front of the car and bade the complainant to stop the car. The complainant obeyed. He stopped the car. Two of these persons came from the motor cycle towards him. They were Rajinder, appellant, and one Dharam Pal. Rajinder came on the left side of the car with a loaded revolver. Dharam Pal, who is now absconding, came with a revolver on the right side of the car. The third culprit Jai Singh, appellant, remained sitting on the motor cycle. Rajinder and Dharam Pal pointed out their revolvers at the complainant and asked him to part with his belongings. They robbed him of his wrist watch, two gold rings and a gold kara. Rajinder had a thaila (bag) of pink colour with him. After robbing the complainant Rajinder and Dharam Pal went to the motor cycle where Jai Singh, the third man, was sitting. He was the driver of the motor cycle. He had kept the motor cycle switched on while Rajinder and Dharam Pal were busy in robbing the complainant. Now all three sat on motor cycle and drove away.

(3.) The complainant took courage in both hands. He chased the motor cyclists. When he reached Britania Biscuit Factory on the main Ring Road, he hit the motor cycle. As a result all three fell on the ground. The complainant apprehended Rajinder with loaded revolver in hand. Soon after Ajit Singh, head constable P.W. 2, came with a police truck from behind. He apprehended Jai Singh who was holding a knife in his hand. Immediately the local police arrived. Rajinder and Jai Singh were taken into custody. Dharam Pal ran away and escaped. He is a proclaimed offender.