RAM VILAS Vs. STATE

JUDGEMENT

(1.) THERE are three appellants before this Court. They are Raju Yadav, Ashok Kumar and Ram Vilas. They are aggrieved by the impugned judgment dated 17.09.2005 and order on sentence dated 21.09.2005 vide which accused Raju Yadav and Ashok Kumar were convicted for the offence under Sections 394/34 read with Section 397 of the IPC. Raju Yadav and Ashok had been sentenced to under RI for a period of 7 years and to pay a fine of Rs.2,000/ - each and in default of payment of fine, to undergo RI for a period of 1 month for the offence under Section 394/34 read with Section 397 of the IPC. Accused Ram Vilas had been held guilty for the offence under Section 394/34 of the IPC. Convict Ram Vilas was sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.2,000/ - and in default of payment of fine, to undergo RI for a period of 1 month. Accused Ashok Kumar had been acquitted for the offence under Sections 25 & 27 of the Arms Act.

(2.) THE present FIR was registered on the complaint of Prichita Virmani (PW -1). Complaint was dated 05.09.2002. The incident had taken place on 04.09.2002. In terms of the complaint at about 09:45 PM Crl. Appeals No.20/2006, 72/2006 & 80/2006 Page 2 of 20 on 04.09.2002 while PW -1 was waiting at the red light of Nizammudin bridge crossing, a TSR No. DL1CR -7338 stopped. The driver of the TSR inquired as to where he wished to go; there was one passenger already sitting in the TSR; the driver informed him that he was to be dropped at Kalkaji Mandir and then he would take PW -1 to Ambedkar Nagar. PW -1 sat in the TSR; after 10 paces, another person sat in the TSR; after another 10 paces, one more person sat with the driver; he had to go near Modi Mills. The TSR reached the Escorts hospital; at this point, the driver whose name PW -1 learnt later on was Vijay told Raju (person sitting in the right side of the TSR) to slap PW -1. Raju inflicted a fist blow on PW -1; he was threatened that he would be cut with a knife. Raju pointed a knife on his neck. The person sitting on the left side (later on identified as Ashok) pointed a knife on his stomach. The person sitting next to the driver (whose name was later on known as Ram Vilas) threw chilli powder in the eyes of PW -1 and pushed him out of the TSR. Complaint was accordingly lodged. This was at the Modi flyover, all the aforenoted persons thereupon while forcibly brandishing the knives upon the victim snatched his watch, gold ring, gold chain and his mobile Nokia as also Rs.500/ -.

(3.) INVESTIGATION was initially marked to PW -3. He was accompanied the Investigating Officer SI Vijay Singh (PW -6). On 06.09.2002, the investigating team i.e. PW -6 along with PW -3 and HC Devender (PW - 4) reached the Kale Khan bus stand in search of the TSR where it was found parked. The said TSR was owned by Subhash Chand (PW -5). It was taken into possession vide memo Ex.PW -3/C. Three boys were sitting in the TSR. They were identified by PW -1 as Vijay Kumar, Ram Vilas and Raju Yadav; they were all arrested vide arrest memos Ex.PW - 3/G, PW -3/H and PW -3/F. Their personal search was taken. Their disclosure statements were also recorded; the disclosure statements of accused Raju Yadav and Ram Vilas were proved Ex.PW -3/P and Ex.PW -3/O. Raju Yadav led the police party to his house in Trilok Puri from where a Nokia mobile of the complainant was got recovered; it was taken into possession vide memo Ex.PW -3/D. Accused Ram Vilas had got recovered a gold ring which was taken into possession vide memo Ex.PW -3/K. The case property was deposited in the malkhana. The fourth accused Ashok Kumar surrendered in the Court on 12.09.2002. He was arrested vide memo Ex.PW -6/B. He was put to TIP. These proceedings were conducted on 16.09.2002 and he was correctly identified by the complainant in the said proceedings (Ex.PW -1/E). Pursuant to the disclosure statement of accused Ashok Kumar (Ex.PW - 3/R), he got recovered a buttondar knife from under the flyover where he had thrown it after commission of the offence. The sketch of the knife was proved as Ex.PW -6/A. Seizure memo of the knife was proved as Ex.PW -3/M.