VIJAY Vs. STATE DELHI ADMN

JUDGEMENT

(1.) The appellant has been convicted of an offence under section 392, Indian Penal Code (for short IPC), by an Additional Sessions Judge vide his judgment dated 5th March 1983 and he has been awarded rigorous imprisonment for three years for the said offence. Further he has been convicted of an offence under Section 25 of the Arms Act and sentenced to rigorous imprisonment for 9 months. Feeling aggrieved he has come up in this appeal against his conviction and sentence (through Jail).

(2.) Since the appellant was un-represented Shri N.L. Kakkar, Advocate, was appointed Amicus Curiae to represent him.

(3.) The prosecution case in brief is that on the morning of 28th July 1982 at about 5.30 A.M. while Shri Badlawan (PW2) was returning home after finishing his duty as a waterman at Minto Bridge Railway Station, he was accosted by the appellant Vijay and one person by the name of Mohd. Rafiq as he climbed down the staircase near Minto Bridge and turned towards his home. He was then residing at Panchkuian Road. The face of the appellant was covered with a handkerchief.' His companion took out a knife and placing the same on his abdomen said to him Take off your watch. In the meanwhile the appellant snatched h swatch from his left wrist and the chain of the watch was snapped. Both of them started running towards Connaught Place. Badlawan raised an alarm shouting thief, thief and chased the culprits. His shouts attracted Roop Narain (PW3) who was then on duty as a watchman at Municipal Market? Connaught Place. At that time the appellant was running from Minto Bridge side towards Plaza Cinema and Badlawan was chasing him, Roop Narain too started chasing the appellant and was able to overpower him with the help of the police officials who too arrived therein the meanwhile. The appellant was then holding the wrist watch, which he had snatched from Badlawan, in his right hand. It was seized from him by Head Constable Harphool Singh (PW5). However, the companion of the appellant managed to escape.