RAVINDER PASWAN Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the impugned judgment dated 3 rd March, 2004 and order on sentence dated 17th March, 2004, passed by learned Addl. Sessions Judge in Session Case No.07/2002 arising out of FIR No. 576/2001, Police Station Dabri, under Section 392/411/34 IPC and 27/54/59 Arms Act whereby the appellant was convicted for offence under Section 392 IPC and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.3,000/- in default of payment of fine to further undergo simple imprisonment for one year.

(2.) Prosecution case emanates from the fact that on 9th July, 2001 SI Prahlad Singh along with Constable Rajesh was on patrolling and surprise checking in the area. At about 8.40 pm when they were going to Kailashpuri via Gali No. 5, Main Sagarpur, they heard noise coming from the Gali. They saw two boys running and they tried to apprehend them but one of the boys managed to escape. They, however, managed to apprehend one of the boys, who, on inquiry gave his name as Shamshe Alam. Both of them along with Shamshe Alam reached near the crowd and found that the crowd had also apprehended another boy who was handed over to SI Prahlad Singh. Meanwhile, Smt. Bhagwan Devi came and gave her statement, inter alia, to the effect that on that day at about 8:30 pm, she along with her grand-daughter aged about 11/2 years was coming from the shop of Dr. Mudgil. She was on foot and coming to her house. When she was in front of Kesho Ram Sweets in Gali No. 5, three boys aged about 20-22 years suddenly came from the side of Gali No. 5, Main Sagarpur and one boy who was a little fat and was wearing a cap snatched her wearing chain weighing about 18-20 grams on which a thread of "Babaji" had been tied. As soon as she tried to catch hold of him and raised alarm, he whipped out a knife and his two other accomplices pushed her. She fell down along with her granddaughter who was in her arms and also received injuries on her right hand and also on stomach. She raised alarm on which all the three boys ran towards Gali No. 5. On hearing her noise, her son Ghanshyam and public persons started following those boys. One of the boys who had snatched the chain and was a little fat was apprehended at a distance of about 200 meters by the public and she identified that boy. The boy was beaten by the public. His other accomplices were also apprehended and given beatings but two of them managed to escape. She identified both the boys Shamshe Alam and Ravinder Paswan and also stated that when Ravinder Paswan was searched, from his wearing black pant pocket, her chain which was broken was also recovered. The knife was also recovered from his pant. The statement Ex. PW1/1 of Smt. Bhagwan Devi became bed rock of investigation. After making endorsement Ex.PW7A, same was sent to police station for registration of the case on the basis of which FIR Ex.PW4/1 was recorded by Head Constable Om Prakash (PW4). Chain (Ex.P1) was taken into possession vide memo Ex.PW1/4. Sketch of the knife Ex.PW1/2 was prepared which was sealed in a pulanda and was taken into possession by memo Ex.PW1/3. From the possession of accused Shamse Alam, a knife was recovered for which separate proceedings were initiated. Both the accused were arrested and their personal search was conducted vide memos Ex.PW-1/5 and Ex. PW1/6. The accused Ravinder Paswan was sent to DDU Hospital for his medical examination. His MLC Ex.PW5/1 was prepared by Dr. Devender Singh Chauhan (PW5). After completing investigation, charge sheet was submitted against both the accused.

(3.) Charge for offence under Section 392 r/w Section 397 IPC was framed against both the accused to which they pleaded not guilty and claimed trial.