SUKHVINDER SINGH Vs. STATE

JUDGEMENT

(1.) The present appeal arises from the order of conviction and sentence dated 03.08.2012 and 04.08.2012 in the Sessions Case No.154/2011 arising out of FIR No.250/2011, Police Station Dwarka South. Vide judgment dated 3.8.2012, the appellant was convicted for the offence under Section 392/394/397 IPC. Vide order dated 4.8.2012 he was sentenced to undergo Rigorous Imprisonment for seven years with fine of Rs.5,000/- for the offence under Section 392/397 IPC, in default Simple Imprisonment for three months and Rigorous Imprisonment for five years with fine of Rs.5000/- for the offence under Section 394 IPC, in default Simple Imprisonment for three months.

(2.) The brief facts of the case are that on 02.09.2011, appellant followed Ms.Poonam (PW5) and when she reached near Apoorva Apartment in Dwarka and was talking on the phone, the appellant snatched her mobile phone. PW5, however, caught hold the hand of the appellant and at that time the appellant took out a knife and stabbed her on her right hand and ran away with her mobile and purse containing Rs.360/-. She raised the alarm and the appellant was caught by the public and was beaten. The incident was also witnessed by a girl named Lalita (PW3). She rang up the police on No.100. PCR van reached the spot and the injured PW5 as well as the appellant were removed to Deen Dayal Upadhyay hospital. On receiving the information in PS Dwarka South at about 4.17 p.m. vide D.D.No.29A, ASI Rajinder Singh along with SI Virender Singh reached the spot and from there went to DDU hospital on learning at the spot that the injured and the appellant had been taken to the hospital. He found PW5 under treatment vide MLC No.17883/2011. The nature of injury was mentioned as simple but sharp. The appellant was arrested in the case. Statements of the other witnesses were recorded. The knife was seized vide memo Ex.PW3/B and sketch of the knife Ex.PW3/A was prepared.

(3.) All the prosecution witnesses were examined and they have fully supported the prosecution case. On the basis of unflinching evidences on record, the appellant-accused was convicted and sentenced by learned trial court.