SHAMSHAD @ BHURA Vs. STATE (GOVT. OF NCT, DELHI)

JUDGEMENT

(1.) THOUGH Mr.Ankur Sood, Advocate appears only for the appellant Shamshad, since the other appellant is in custody and is not represented by a counsel, he is appointed as Amicus Curiae for him.

(2.) THE appellants were charged under Section 392 of IPC read with Section 397 thereof. Since they pleaded not guilty to the charge as many as sixteen (16) witnesses were examined by the prosecution in support of its case. No witness, however, was examined in defence.

(3.) PW 2, Ashwini stated that on 14.3.2008 at about 8:00 p.m. when he was returning from temple and passing through the area of Paan Mandi, he heard shouts of 'chor chor' and saw the accused persons, present in the court, being chased by persons from public. He further stated that the police officials coming from the opposite side tried to apprehend the accused, both of whom were having pistols with them. On seeing the police officials the accused stated that the police officials should get out of their way. Despite that both of them were apprehended and taken to police station, where they were searched and five (5) cartridges were recovered from the pocket of one of them where two (2) cartridges were recovered from the pocket of the other.