ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) ON 16.03.2005, the complainant Deepak Dogra was brought to Jairpur Golden Hospital in injured condition. On receipt of information in this regard, ASI Attar Singh of Police Station Sultan Puri reached the aforesaid hospital and recorded the statement of Deepak Dogra. He told the Investigating Officer that on 15.03.2005, at about 9.30 PM, when he was crossing the railway line near Railway Station Nangaloi, while returning to his home, he was held by two persons, whereas the third person put a knife on his face and the fourth person started searching him. When he protested, a knife blow was given on his face, as a result of which he got scared and when the assailant tried to give the second knife blow, he caught the knife from both his hands and pulled it towards him, as a result of which he got injuries on both his hands. The robbers took out his mobile phone bearing No. 9871567751 make Sansung as well as his purse containing Rs.80/ -cash, besides telephone diary and identity card of Bal Bharti School and some other papers. The robbers then ran towards Prem Nagar -II. The complainant somehow reached his house from where he was taken to hospital by his favour.

(2.) THE case of the prosecution is that the appellant Jagdish @ Babloo @ Kalyug who had been arrested in the case registered vide FIR No.403 of 2005 confessed to his involvement in the aforesaid robbery. Jagdish @ Babloo @ Kalyug was then arrested in this case and was interrogated. According to the prosecution Jagdish @ Babloo @ Kalyug, took them to his house No. 126, Gali No. 6, Station Block, Prem Nagar -I and produced a mobile phone make Samsung from his room. The aforesaid mobile phone was seized after it had been sealed. Thereafter Jagdish @ Babloo @ Kalyug took the police to X/333, Gali No. 7, Prem Nagar -II, where the he pointed out the appellant Salim, who was also arrested in this case. Salim was interrogated and pursuant to the disclosure statement made by him, he produced a purse kept on the TV in his room. The said purse contained I -Card of the complainant, besides his photograph and other documents. The purse along with its contents was seized, after it had been sealed. Thereafter, on being pointed out by Jagdish @ Babloo @ Kalyug, the appellant Anil Kumar was arrested and was interrogated. The case of the prosecution is that Anil produced the school I -card of the complainant from the pocket of the shirt which had been hung in his room, and was also seized by the police. Thereafter, one Dalip Singh @ Monu was apprehended on being pointed out by Jagdish, Salim and Anil. All the four accused persons refused to join TIP before the Metropolitan Magistrate and were thereafter chargesheeted.

(3.) PW -4 Deepak Dogra is the only eye witness of the robbery which took place in the night of 15.03.2005. When he was examined on 25.10.2005, he, inter alia, stated as under: -