YUNUS Vs. STATE

JUDGEMENT

(1.) On 6.1.2010 at about 10.15 pm, an information has been received that a boy had been stabbed in Gali No.10, Vishwas Nagar near graveyard. The information was recorded vie DD No.36A and a copy of the said DD was given to HC Charan Dass for investigation. When the aforesaid police official reached Gali No.10, Vishwas Nagar, no eye witness was found present there. In the meanwhile, he received information that the injured Raju had been brought to Hedgewar Hospital by his father Shri Shiv Prasad. Thereupon, the aforesaid police official reached Hedgewar Hospital, where the injured Raju was found admitted. In his statement to HC Charan Dass, injured Raju inter alia stated that on that date he, along with his father was returning to his house and when they reached Gali No.10 behind graveyard of Vishwas Nagar at about 10.15 pm, three boys caught hold of him and one of them put a knife on his neck, whereas the other boy removed his mobile phone from the pocket of his pant. On alarm was being raised by him and his father, one of the boys gave knife blow in his abdomen and thereafter all the three ran away from there. His mobile phone no.9910872310, however, fell on the spot. He further stated that the aforesaid boys were aged about 20-22 years and he could identify them if brought before him. An FIR under Section 394/34 of IPC was registered on the aforesaid statement. On 12.01.2010 at about 0030 hours Yunus, Pradip and Shahdat were arrested and the stolen mobile phone is alleged to have been recovered from the possession of Yunus. Shahdat and Pradip having been found to be juveniles, charge-sheet was filed only against the appellant Yunus.

(2.) The appellant Yunus was charged under Section 394 of IPC read with Section 397 thereof. He having pleaded not guilty to the charges, as many as 11 witnesses were examined by the prosecution. No witness, however, was examined in defence.

(3.) Mr. Shiv Prasad father of the complainant came in the witness box as PW2 and inter alia stated that on 06.01.2010 at about 10.15 pm when he and his son Raju reached Gali No.10, behind graveyard, Vishwas Nagar, Shahdara, when Raju who was going ahead of him took a turn in the street, three boys caught hold of him. His son, however, raised alarm and grappled with those boys. He (the witness) also reached the spot. One of the boys put knife on his neck and threatened to kill in case he raised alarm. In the meanwhile, the other boy gave three stab injuries to his son in his abdomen and snatched his mobile phone No. 9910872310. All the three culprits then fled away from the spot taking away the mobile of his son. He took his son to Hedgewar Hospital, where the statement of his son was recorded by the police. He identified the appellant Yunus as the person who had stabbed his son and looted his mobile. He further stated that after three days, he was called to the Police Station where he identified the accused.