AJAY KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By the present appeal the Appellants impugn the judgment dated 6th March, 2003 whereby they have been convicted for offence punishable under Sections 392/34 IPC and the order on sentence dated 6th March, 2003 whereby they have been directed to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs. 1,000/- each and in default of payment of fine to undergo Simple Imprisonment for a period of one month each.

(2.) FIR No.426/2000 was registered at PS Mehrauli, Delhi under Sections 394/397/34 IPC on the statement of one Karambir Singh who stated that about 2.00 p.m. on 4th July, 2000 he had gone to the bus stand to drop his children. After he made his son board the bus and was helping his other son in boarding the bus, one person removed Rs. 560/- from his right side pocket of the pant. He dragged that boy whose name later on came to be known as Ajay. In the meantime, companion of Ajay, whose name later came to be known as Rajesh started beating him. The Complainant did not release Ajay from his grip and thus Ajay took out the knife and gave a blow on his right hand as a result he got released. Both these people boarded a DTC bus. The Complainant chased the bus in the auto rickshaw and when the bus stopped at the red light of Andheria Mod, he caught Ajay when he was getting down from the bus and again Rajesh came to his help and started beating him. He raised alarm and with the help of the crowd he took Ajay to the provisional store and informed the police control room. In the meantime Rajesh was also apprehended by the public.

(3.) PW3 the Complainant though reiterated the version in the witness box however, failed to identify the Appellants. His version was that while he was standing on the foot board of the bus someone removed Rs. 560/- kept in his right side pocket of his pant. He also stated that two persons got down from the bus along with him and the bus left. When the culprit put his hand in the pocket of his pant, he caught his hand however, he was able to release from his clutches and thereafter both these persons got down from the bus.