ANAND KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) ON 7.9.2002 at about 9:10 p.m., the Police Control Room received information of a quarrel near Arun Memorial Clinic, Gali No.9, Main Market, Samaipur Badli. The information was recorded at Police Station Samaipur Badli vide DD No.23A and a copy of the said DD was given to S.I. Rabinder Singh for investigation. When the aforesaid police officer reached the spot, the Beat Constables were already present there. He recorded the statement of the complainant Smt. Aruna Malekar. The complainant told him that she was running a clinic in the name and style of Arun Clinic and was a registered Medical Practitioner. At about 9:00 p.m., when she came out of the clinic to close it for the day, two (2) boys came there and one of them complained of having stomach -ache. She asked her brother Madhav Mandal, who was present in the clinic, to check him. When her brother was checking the boy complaining of stomach -ache, the other boy entered the clinic, put a knife on her abdomen and asked her to hand over the kada she was wearing. He also threatened to stab her with knife, in case the demand was not complied with. In the meanwhile she as well as her brother raised alarm due to which a crowd gathered there. In the commotion which took place, the boy who had aimed a country made pistol at his brother, tried to run away leaving the country made pistol on the spot. He was, however, apprehended by the members of the public and given a beating. She also alleged that the other person who had managed to flee away leaving the knife on the spot had visited her clinic 2 -3 days ago along with his wife and given his name as Anand. The appellant Anand is the person who was apprehended on the spot whereas his co -convict Pushpender is alleged to be the other person involved in the incident. One country made pistol containing a cartridge and one knife were seized by the police from the spot.

(2.) THE appellant as well as his co -convict Pushpender were charged under Section 393/34 of IPC read with Section 398 thereof for attempting to commit robbery and being armed with a deadly weapon at the time of attempting to commit robbery. The appellant Anand Kumar was also charged under Sections 25/27 of the Arms Act for being in possession of a country made pistol and a cartridge. Similar charge was framed against his co -convict Pushpender for using a knife while attempting to rob the complainant. Since the appellant as well as his co -convict pleaded not guilty as many as eleven (11) witnesses were examined by the prosecution. No witness was examined in defence.

(3.) PW 2 Madhav Mandal is the brother of the complainant, he corroborated the deposition of the complainant and stated that when he took Anand inside the chamber for examination he placed a country made pistol on his chest. He (the witness) caught hold of Anand, raised alarm and pushed him out of the chamber. He further stated that he saw Pushpender having a knife in his hand which his sister had caught. He also claimed that Pushpender fled from the spot leaving the knife behind. He also deposed with respect to the police officials coming to spot and seizing the country made pistol as well as the knife after preparing their sketches. During cross - examination by the learned Additional PP he admitted that the person who had placed knife on his sister had threatened her to hand over the golden kada which she was wearing.