GOVIND @ BHARAT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) ON 02.10.2009, Head Constable - Rajesh Kumar (PW2) was on patrol with other police officials in the area of S.P. Badli at BG Block. When they reached at BG Block, near MCD toilet at about 7.45 pm, they saw a person coming running and shouting pakro pakro. Four boys were running ahead of the aforesaid person. The aforesaid four persons were apprehended by the police officials. The statement of the person who was chasing them namely - Ravinder Shah was recorded by Head Constable - Azad Prakash. In his statement, the complainant - Ravinder Shah alleged that on that day at about 7.30 pm when he was going to market to purchase household articles and reached near Harit Transport, BG Block Road, four boys all of a sudden came in front of him, stopped him and asked him to take out whatever he had. When he declined, two of them took out daggers; one dagger was put on his abdomen whereas the other dagger was put on his neck and the remaining two boys gave beatings to him and Rs.1200/ - in cash besides his mobile phone make Nokia having connection number 9990759493. One of the boys carrying dagger with him also removed the watch which he was wearing on his wrist. The aforesaid boys started running away after threatening him. When he raised alarm, the police officials coming from the opposite direction apprehended those boys whose names were later came to be known as Sunil @ Bittu, Sunny, Govind & Sandeep. Those boys were searched and mobile phone of the complainant was recovered from the pocket of the shirt of Sunny, whereas the cash was recovered from the pocket of Sandeep. The wrist watch of the complainant was recovered from the pocket of Govind. One dagger each was also recovered from Govind and Sunil @ Bittu. One of the accused being a juvenile, three (3) of them were prosecuted.

(2.) ALL the appellants were charged under Section 392 of IPC. The appellant - Govind was additionally charged under Section 397 of IPC since he had used a dagger at the time of committing robbery. The appellants having pleaded not guilty, as many as 7 witnesses were examined by the prosecution. No witness was examined in defence.

(3.) PW 2 - Constable Rajesh Kumar inter alia stated that on 7.10.2009, he was on patrol along with other police officials in the area of S.P. Badli at BG Block near MCD public toilets when they saw one boy coming running from the front side and shouting pakro pakro. Three/Four boys were running ahead of him. They ran after those boys and apprehended them. The witness identified the appellants - Govind, Sunny and Sandeep and claimed that wrist watch with Rs.1200/ - in cash and mobile phone were recovered from them besides two daggers - one from Govind and the other from Sunil. According to him on search of Govind, wrist watch of the complainant was recovered from him. PW3 - Constable Umesh corroborated the deposition of PW2 - Constable Rajesh Kumar with respect to the accused persons having been apprehended in the above referred manner and the daggers as well as the mobile phones and wrist watch and cash of the complainant having been recovered from them. He also correctly identified the accused persons. PW4 - Constable Satyapal is the third police official, who along with others had apprehended the accused persons and recovered the cash, mobile and watch of the complainant besides two daggers, from them. PW7 - Head Constable Azad Prakash also corroborated the deposition of PW2 to PW4 in all respects and identified the accused persons.