NARENDER Vs. STATE

JUDGEMENT

(1.) ON 08.03.2008, ASI Om Prakash Yadav informed the Police Station Kapashera that during the course of checking, he had seen two boys snatching a Qualis bearing registration number HR 38 HT 6812. On receipt of the information, ASI M.S. Yadav of the aforesaid police station, along with other police officials, reached the police picket, Bajgera, where ASI Om Prakash handed over to him two boys namely Narender and Sonam and stated that country made pistol had been recovered from them. The complainant - Sabban Khan was also present there and his statement was recorded by ASI M.S. Yadav, The complainant told him that on the aforesaid day, at about 2 pm, he was working in a call centre and after dropping the staff members at Madanpur Khadhar, when he was going towards Mehrauli and stopped at red light at about 4 pm, two boys entered his vehicle and requested him to drop them a little away from the said spot. Thereafter, those boys got his vehicle stopped in a dark place and asked him to move to the rear seat. When he refused, those boys pointed out country made pistol on him and threatened to kill him in case he did not sit silently. Being scared, he shifted to the rear seat. The hands of the complainant were then tied and he was thrown on the floor of the vehicle between rear seat and the front seat. One of the boys sat near him whereas the other boy started driving the vehicle. At one place, the vehicle was stopped by the police for the purpose of checking. When the complainant raised alarm, those boys got down and tried to ran away, but were apprehended by the police officers.

(2.) BOTH the appellants were charge -sheeted under Section 392/397/365/506/34 of Indian Penal Code. The charges against them were, however, framed under Section 392/34 and Section 397 as well as under Section 364 and 506 of IPC read with Section 34 thereof. Since they pleaded not guilty to the charges, as many as six witnesses were examined by the prosecution. No witness was examined in defence.

(3.) IN the case under Arms Act, the prosecution examined complainant - Sabban Khan, ASI Om Prakash and Constable Sugna Ram. The prosecution also examined some more witnesses, one of them being ASI Dalip Singh, who went to the spot on receipt of information lodged by ASI Om Prakash Yadav and the appellants - Sonam and Narender were handed over to them along with the Qualis vehicle. One loaded country made pistol each was recovered from them was also seized by this witness. PW1 - Ms. Shalini Singh is the police officer who accorded sanction under Section 39 of Arms Act and for prosecution of the appellant - Narender whereas PW3 - Mr. K.C. Varshney is the Assistant Director, FSL, Rohini, who examined the country made pistol as well as the cartridge recovered from the appellant - Narender sent to FSL by the Investigating Officer and opined that the country made pistol sent to him was a fire am from which test fire was conducted successfully. He also reported that the cartridge sent to him was a live cartridge which was test fired through the country made pistol sent to him, which he test fired through the country made pistol.