NADEEM ALIAS NADIM Vs. STATE

JUDGEMENT

(1.) Appellants Zakir and Nadeem @Nadim are aggrieved by the impugned judgment and order of sentence dated 26.11.2005 and 30.11.2005 respectively whereby each of them had been convicted under Sections 392, 394 read with Section 34 of the IPC and had been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.2000/- in default of payment of fine to undergo rigorous imprisonment for 3 months for the offence under Section 392 of the IPC; for the offence under Section 394 of the IPC each of them had been sentenced to undergo rigorous imprisonment for 3 years and to fine of Rs.1000/- in default of payment of fine to undergo rigorous imprisonment for 2 months. Benefit of Section 428 Cr.P.C. had been granted to them.

(2.) The version of the prosecution was unfolded in the statement of Rajjo Singh (PW-3). As per his version on 27.02.2004 while he was going to Kanpur from his house at about 4.30 a.m., he hired a TSR to reach the railway station; when the TSR reached the iron bridge it stopped and the TSR driver told him that the TSR had suffered a technical snag. PW-3 started walking and after some steps 3-4 boys came from behind and caught hold of him and started beating him. They tried to snatch his bag which contained important papers and cash of Rs.2000/-. In this scuffle PW-3 was thrown down from the bridge. The boys came under the bridge; one the boys showed him a knife and another caught hold of him; the third boy snatched his bag; they thereafter fled away. PW-3 met some metro persons who informed the police. ASI Purshotam Dutt (PW-6) posted at the PCR North Zone received a call at about 7.00 a.m. at 100 number that one person had been beaten up by 4-5 persons at the iron bridge; the injured was found lying there; he was removed to the Trauma Centre.

(3.) Victim was medically examined in the hospital by Dr. Girish Chand Parbhat (PW-2). His MLC was proved as Ex. PW-2/A. It had noted the injuries due to a blunt object. Tenderness over the right side of the chest; over the lower spine and over both the hip joints was noted. Patient was referred to surgery and orthopedic emergency for a further detailed examination. K.K.Bakshi (PW-1) was the employer of PW-3. He had gone to visit PW-3 at the Trauma Centre. He deposed that at that time PW-3 was crying with pain.