JAGBIR @ JAGGI Vs. STATE

JUDGEMENT

(1.) JAGBIR Singh @ Jaggi (the appellant) impugns the legality and correctness of a judgment dated 12.05.2003 of learned Additional Sessions Judge in Sessions Case No.17/2002 arising out of FIR No.609/1999 registered at Police Station Paschim Vihar by which he was convicted for committing offence under Section 392 and 186 IPC. By an order on sentence dated 16.05.2003, he was awarded rigorous imprisonment for seven years with fine Rs.5,000/ - under Section 392 IPC and rigorous imprisonment for two months under Section 186 IPC. Both the sentences were to operate concurrently.

(2.) ALLEGATIONS against the appellant were that on 03.07.1999 at about 03.20 P.M. in front of House No.373, Behra Enclave, Paschim Vihar, he committed robbery and deprived complainant -Vivek of Rs.40,000/ - when he was keeping it in the dickey of the scooter. The appellant was given chase by the complainant and public persons and was apprehended from inside the park with the assistance of Const.Raj Kumar and Const.Mukesh who arrived at the scene. In the process, the appellant inflicted injuries to Const.Raj Kumar by a knife on his left arm. During the course of investigation, statements of witnesses conversant with the facts were recorded. Both the appellant and Const.Raj Kumar were medically examined. After completion of investigation, a charge -sheet was filed against the appellant for committing offences punishable under Sections 379/386/411/506/186/353/307 and 25/27 Arms Act. The appellant was charged under Section 186/394 read with Section 397 IPC by an order dated 23.03.2002 and brought to trial. The prosecution examined seven witnesses to establish his guilt. In 313 statement, the appellant denied complicity in the crime and claimed that he was falsely implicated in the case after he was lifted from Jwala Heri market where he had gone to purchase some articles with his wife and was given beatings. He examined DW -1 (Lajjo), his mother, in defence. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted the appellant for the offences mentioned previously. Being aggrieved, the appellant has come in appeal.

(3.) IT is alleged that PW -4 (Const.Mukesh) and PW -5 (Const.Raj Kumar) were able to apprehend and recover the stolen cash and knife from the appellant. PW -4 (Const.Mukesh) and PW -5 (Const.Raj Kumar) have supported the prosecution in this regard, however, they did not lodge any report with the police for the alleged incident. PW -6 (SI Dilip Kaushik) happened to reach at the spot all of a sudden and took the investigation on his own and lodged first information report after recording complainant's statement. Statements of PWs 4, 5 and 6 are full of contradictions and no implicit reliance can be placed to establish the guilt of the appellant beyond reasonable doubt. The appellant sustained multiple injuries on his body and was taken to DDU hospital at 12.50 A.M. on the night intervening 3/4 -07 -1999. Allegedly the injuries were inflicted to the appellant by public persons when they confronted him inside the park to apprehend him. No explanation has been offered as to why the appellant was taken to hospital for medical examination after an inordinate delay at 12.15 A.M. No independent public witness was associated during investigation. Name of the public persons who allegedly gave beatings to the appellant never emerged. No action was taken against any such individual who inflicted multiple injuries to the appellant when he had not caused any harm to any such individual with the knife allegedly in his possession. Const.Raj Kumar who allegedly sustained injuries at the hands of the appellant in an attempt to apprehend him was taken to DDU hospital at 01.35 A.M. in the night intervening 3/4 -07 -1999. Again no explanation has been given as to why Const.Raj Kumar was taken for medical examined belatedly. PW -5 (Const.Raj Kumar) has given contradictory version that he was taken to hospital soon after the apprehension of the appellant and was medically examined at 10.00 P.M. Apparently Const. Raj Kumar was medically examined after the medical examination of Jagbir @ Jaggi.