RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) RAJ Kumar (the appellant) challenges the correctness and legality of a judgment dated 28.07.2011 of learned Additional Sessions Judge -I (East) in Sessions Case No.26/2011 arising out of FIR No.664/2007 registered at Police Station Kalyanpuri by which he was convicted under Section 392 read with Section 397 IPC; 411 IPC; and 25 Arms Act. By an order dated 29.07.2011, he was awarded various prison terms.

(2.) THE prosecution case, as set up in the charge -sheet, was that on 25.09.2009 at around 09.30 pm near Telco T -Point, Gazipur, the appellant robbed complainant Shailender Rathore of his purse containing Rs.500/ -, RC of motor cycle No.DL -7SAH -2101 and documents at knife point. When the complainant raised alarm, the appellant was apprehended by public and was given beatings. The Investigating Officer lodged First Information Report after recording complainant -Shailender Rathore's statement (Ex.PW -2/A). Statements of witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was submitted against the accused; he was duly charged and brought to trial. The prosecution examined six witnesses to substantiate its case. In 313 statement, the appellant denied his complicity in the crime and claimed that he was falsely implicated by HC Raj Kumar when he declined to pay Rs.5,000/ - demanded by him as illegal gratification. He, however, did not examine any witness in defence. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appeal has been filed.

(3.) SINCE the appellant was convicted under Section 392 read with Section 397 IPC for robbing the purse containing cash and other articles, conviction under Section 411 IPC to receive or retain those robbed articles dishonestly was not permissible and is set aside.