LAWS(DLH)-1984-9-24

ABDUL GAFOOR GOGA Vs. STATE

Decided On September 28, 1984
ABDUL GAFOOR GOGA Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) The appellant hails from Kanpur (U.P.). He has been convicted of offences under Section 392/34 read with Sec. 397, Indian Penal Code and also of offence under Section 27 of the Arms Act by an Additional Sessions Judge vide his judgment dated 4th February 1984. He has been sentenced to rigorous imprisonment for seven years which is the minimum prescribed in law for an offence falling under Section 397 Indian Penal Code and also to rigorous imprisonment for three years under Section 392 Indian Penal Code and rigorous imprisonment for six months under Section 27 of the Arms Act. However, all these sentences have been made to run concurrently. Feeling aggrieved, he has come up in this appeal against his conviction and sentence.

(2.) The prosecution case in brief is that on 8th September 1978 at about II.30 A.M./12 Noon the appellant accompanied by another person entered house No. 298, Street No. 4, Govind Puri. Smt. Sumitra Devi, PW 1, was then present in the house alongwith her infant son aged about two years, but no male member of the family was present. The main gate of the house was lying open. The appellant and his companion entered through the same. The appellant was carrying a pistol in his hand. On entering the house the companion of the appellant snatched the gold chain which Sumitra Devi was wearing on her neck. She raised an alarm and both the appellant and his companion ran away in the street in opposite directions. However, some occupants of the neighbouring house came out of their respective houses. Brij Bhushan, Public Witness 2, who happened to be standing near the shop 'Sweet Corner' in Gali No. 3, saw the appellant running towards Bhagat Singh College. He also heard the shouts of the lady. So, he chased the appellant and succeeded in overpowering him on the main road near Bhagat Singh College. He then brought the appellant to the Halwai shop by which time Shanti Parshad, Public Witness 3, who was also living in the neighbourhood reached there. Feeling the touch of a hard substance Brij Bhushan raised the shirt of the appellant and found that a country-made revolver (Ex. P 1) was concealed below it. He seized the same. It was loaded with a live cartridge (Ex. P 2). Another cartridge was found in the pant pocket of the appellant. Smt. Sumitra Devi too reached the spot by then and identified the appellant as one of the persons who had entered her house. She also told them that the person who had snatched the chain had managed to escape.

(3.) It appears that some person telephoned the police from public telephone booth about the incident of chain-snatching and the culprit having been apprehended by the members of the public. On receipt of the said message, SI Laxmi Narain, Police Station Kalkaji, reached the spot. At about the same time SI Ganga Dutt, who happened to on patrol, too reached there. The latter recorded statement Ex. Public Witness 2/A of Brij Bhushan and sent the same to the Police Station under his endorsement Ex. Public Witness 9/A for registration of a case. Brij Bhushan produced the pistol and the cartridges which had been seized by him from the appellant and the same were taken into possession by SI Ganga Dutt vide memo Ex. Public Witness 2/C. Aftercompletion of investigation and obtaining the necessary sanction for the prosecution of the appellant under the Arms Act, the challan was put in against the appellant to stand trial for offences under Sections 392/34, 397 Indian Penal Code and 27 of the Arms Act,