MUKESH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 18th November, 2013 and order on sentence dated 25th November, 2013 passed by the learned Additional Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No. 84/2011 arising out of FIR No.119/2009 u/s 397/392/307/34 IPC registered with PS Chhawla, New Delhi whereby the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs.10,000/- in default of payment of fine, SI for a period of three months for the offence u/s 392/34 IPC. The accused was also sentenced to undergo RI for a period of ten years with a fine of Rs.5000/- and in default, to undergo SI for two months for offence u/s 307/34 IPC. He was also sentenced to undergo RI for seven years for the offence under Section 397 IPC. All the sentences were to run concurrently. He was given benefit of Section 428 Cr.P.C.

(2.) Prosecution case in nutshell is that on 18th May, 2009, in the night, Mithlesh Jha was going in Tavera No. DL 1 VB 5137 belonging to Sh. Pradeep Singh from Nangloi to Gurgaon. At about 11:45 PM, when he reached near Reliance Petrol Pump, Jhatikra Road, he noticed one person going on the road and he was walking like a drunkard. In order to avoid him, he took his vehicle on the side of the road at a slow speed. When the vehicle reached near the said person, he assaulted him on his head with a knife in the moving vehicle. As a result of which, darkness appeared in front of his eyes and he stopped the vehicle. When he regained full consciousness, he found that one of them had pointed pistol towards him and the one who assaulted him with a knife was sitting by his side. He was again assaulted on his stomach and chest with knife. When he was trying to prevent injury from the person carrying pistol by catching hold of his hand, accused Mukesh inflicted knife blows on his hand and caused cut in his vein near the wrist. As a result of which, blood started gushing out. He tried to counter their attack by pushing them out but he was thrown out of the vehicle in injured condition. He was tried to be kidnapped by putting in the vehicle but he obstructed by putting his legs in between the door of the vehicle upon which he was left and the accused persons fled away from the spot along with the vehicle. He informed the police from his mobile No.9818139211. He was thereafter removed to DDU Hospital where he remained hospitalized for 14 days.

(3.) It is further the case of prosecution that on receipt of DD No. 3A regarding stabbing of someone with a knife and firing of gunshot and snatch of vehicle, Inspector Surender Sharma along with Constable Jasbir proceeded to the spot near Jhatikara More but no one was found at the spot. On coming to know that the injured had been taken to DDU Hospital by PCR Van, Inspector Surender Sharma along with Constable Jasbir went to DDU Hospital where injured Mithlesh was found admitted. Inspector Surender Sharma tried to record his statement but he was declared unfit to make any statement and no eye-witness could be traced in the hospital despite efforts. As such, rukka was sent to Police Station for registration of the case and FIR No.119/209 u/s 392/397/34 IPC was recorded by ASI Mahender Singh.