BRIJ MOHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a criminal appeal brought by convict-appellant Brij Mohan against the order of conviction dated October 29, 19152 passed by Shri T. S. Oberoi Additional Sessions Judge Delhi whereby the appellant was found guilty and convicted under Section 394 Indian Penal Code and also under Section 25 of the Arms Act, 1959 as also against the order of sentence dated October 28, 1982 whereby he was sentenced to undergo R.I. for 31/2 years under Section 394 Indian Penal Code and to undergo R.I. for one year under Section 25 of the Arms Act, both the sentences running concurrently and the period for which he had already been in custody during investigation or trial was to be set off against the term of imprisonment awarded.

(2.) As many as four accused persons including appellant Brij Mohan faced trial for offences under Sections 394/397 and 506/34 Indian Penal Code. It was only the appellant who was convicted and sentenced to undergo R.I. as aforesaid while the remaining three coaccused, namely, Mohinder Singh Kaka, Saranjit Singh@ Toni and Surjit Singh Ganju were acquitted for the reason of insufficiency of evidence against them.

(3.) The case of the prosecution is that complainant Ram Rattan who was employed as a Chowkidar in Tirath Ram Shah Hospital, Delhi had gone to the house of his maternal uncle near Shivaji College, Rajouri Garden, New Delhi on 8.4.1980. He was to return to the hospital at 10.00 p. m. for his night duty. After having his meal with his maternal uncle he left for the hospital at about 8,30 P.M. and when he reached the outer gate of Shivaji College on the side of Ring Road all the four accused including the appellant met him and they asked him as to where he was going and what was the time. He replied that he was going to the hospital but be did not have the wrist watch to tell them the time. Thereupon the appellant caught bold of him by the neck while the remaining three surrounded him and caught hold of him. At the point of knives they told him to part with whatever he possessed and thereafter one of the clean shaven accused started searching his person and when he resisted then one of the accused who was a sikh inflicted a knife blow on the upper part of his left leg. As a result of a scuffle between the complainant and the accused persons the shirt worn by the complainant also got torn and he was robbed of a plastic purse containing a cash amount of Rs. 365/-. All the four accused ran away from the place of occurrence when the complainant raised alarm on hearing which police headed by S. I. Ram Chand Yadav going towards Vishal Cinema was attracted and the police was successful in over powering the appellant Brij Mohan alone while the remaining three co-accused managed to escape because of darkness. The spring actuated knife was recovered from the right hand side pocket of the pants worn by the appellant as a result of his personal search. The remaining two accused persons were arrested subsequently after some days and the fourth after about 2-1/2 months.