SHEIKH HUSSAIN @ GATKU Vs. STATE

JUDGEMENT

(1.) ON 13.5.2009, at about 5:09 p.m. Police Station Jahagirpuri was informed that a thief had been caught in W -Block, Ramleela Ground, Mangal Bazar. The information was recorded vide DD No.37A and Head Constable Ram Kumar was instructed on telephone to investigate the matter. The aforesaid police officer reached Mangal Bazar Road near Ramleela Ground, Jahagirpuri, where the complainant Sheikh Ansar met him. Sheikh Ansar produced the appellant Sheikh Hussain along with a scissor. On search of the appellant, a purse containing Rs.250/ - in cash and driving licence of the complainant as well as his PAN card was recovered from the right pocket of his pant. The statement of Sheikh Ansar was recorded by the Head Constable. The complainant told him that on that day, at about 4:40 p.m. when he reached Ramleela Ground, H2 Block, Jahagirpuri, on the way to this shop, the appellant Sheikh Hussain came to him and demanded money to take liquor and threatened to give scissor blow to him in case money was not paid. A scissor was taken out by the appellant and put on the abdomen of the complainant. His purse containing cash, driving licence and PAN card was removed by the appellant who then fled from the spot. On alarm being raised by the complainant, he was apprehended by the members of the public and given beating. Head Constable Ram Kumar having reached there in the meanwhile the appellant was handed over to him along with the scissor.

(2.) AFTER completion of investigation, the appellant was prosecuted under Sections 392/397/411 of IPC. On 26.8.2009, he was charged under Sections 392/397 of IPC for committing robbery of the purse of the complainant by putting him in fear of instant death and wrongful restraint. Since the appellant pleaded not guilty to the charge, four (4) witnesses were examined by the prosecution. No witness was examined in defence.

(3.) PW 2 Constable Ramesh stated that he along with Head Constable Ram Kumar reached Mangal Bazar near Ramleela Ground. The complainant produced the appellant Sheikh Hussain along with a scissor. On search of the appellant a purse containing Rs.250/ - in cash besides driving licence and PAN card of the complainant was recovered from the pocket of the appellant and was seized. The witness identified the scissor Ex.P1 which the complainant had handed over to them as well as the purse Ex.P2, driving licence Ex.P4 and PAN card Ex.P5. PW4 Head Constable Ram Kumar corroborated the deposition of PW2 Constable Ramesh and he also identified the scissor as well as the purse, PAN card and driving licence of the complainant.