JAI PRAKASH @ AJAY Vs. STATE

JUDGEMENT

(1.) By this common judgment, Crl.A.159/2000 filed by appellant Jai Prakash @ Ajay and Crl.A.414/2000 filed by appellant Om Parkash @ Ponty are being decided. In the aforesaid two appeals, the appellants-Jai Prakash @ Ajay and Om Parkash @ Ponty Singh have challenged the judgment dated 25th February, 2000 passed in Sessions Case no.57/98 by the ld.ASJ, Delhi whereby the appellants along with one co-accused person namely Sanjay have been convicted under Section 392/34 IPC and the order of sentence dated 26th February, 2000 whereby they have been sentenced to undergo RI for two years and to pay a fine of Rs.300/- and in default of payment of fine to further undergo SI for one month.

(2.) At the outset, it may be pointed out that co-accused Sanjay s/o Sh.Bihari Lal has not preferred an appeal against the judgment and order of sentence.

(3.) The case of the prosecution is based on statement Ex.PW4/1 of Ram Dulare, PW4, wherein it is alleged that on 11.1.1997 he had received salary of Rs.2500/- in the denomination of Rs.100/- each from the factory owner where he was working. While going home he had kept Rs.400/- in the pass book in the right side pocket of his kurta and remaining Rs.2100/- was kept in the front pocket of his kurta. When he was going towards Faridpuri via kacha rasta, three persons had met him. Out of them, one pointed out knife towards him and asked him not to raise alarm otherwise he would stab him. The other person had removed his wrist watch make HMT from his right arm and had also taken Rs.2100/- from the front pocket of the kurta. The third one had removed pass book containing Rs.400/-. Thereafter they told him to go and those three boys ran towards "Pahari". When he raised an alarm two boys i.e. Puran Singh PW2 and Rajesh PW3 came for his help. They ran after those three boys. With the help of Rajesh PW3, he had apprehended appellant Jai Prakash @ Ajay who was holding a knife in his hand. Puran Singh PW2 had apprehended Sanjay. The third boy managed to escape. They brought them to Baba Faridpuri and informed the police. Police came there and those two boys were handed over to the police along with knife.