GOVIND RAM Vs. STATE OF DELHI

JUDGEMENT

(1.) Govind Ram Govinda, appellant in criminal appeal No. 1/83 has been convicted by an Additional Sessions Judge vide his judgment dated 5th November 1982 of an offence under Section 394/34 read with section 397, Indian Penal Code and has been sentenced to rigorous imprisonment for seven years and a fine of Rs. 500/-in default of payment of fine he bas been awarded further rigorous imprisonment for six months. He has also been convicted of offences under Sections 25 and 27 of the Arms Act and sentenced to rigorous imprisonment for two years. Gian Inder, appellant in criminal appeal No. 227/82 has also been convicted of offence under section 394/34, Indian Penal Code, vide same judgment of the Additional Sessions Judge and sentenced to rigorous imprisonment for four years and a fine of Rs. 500/-in default of payment of fine he bas been awarded further rigorous imprisonment for six months. Moreover he has been convicted of an offence under Section 25 of the Arms Act and sentenced to rigorous imprisonment for two years. The substantive sentences of imprisonment of both the appellants, however have been made to run concurrently. Feeling aggrieved they have come up in separate appeals against their conviction and sentence.

(2.) The prosecution case as unfolded by the injured Dharam Singh (P.W. 1) in brief is that on 12th October 1979 at about 9.00 p.m. he was returning from Hapur on his motorcycle bearin8 No. DEW 5639. As he reached near a primary school on Seelampur Road and took a turn towards Ajit Nagar, where he was then residing, both the appellants who were earlier known to him were standing at the corner of the street. They stopped him and Gian loder caught hold of him while Govind dealt head blows on his forehead. Gian Inder then took out a knife. Govind too had a knife and both of them caused injuries to him with the knives on both his thighs. He was carrying a revolver with him which was slinging on his shoulder attached to a belt. He was also having 12 live cartridges. Both the accused took away his revolver along with the belt to which it was affixed and the cartridges and fled away. He had a regular licence in respect of the said revolver, Ex. PA being photostat copy thereof. Vijay Kumar and Gajinder witnesses happened to reach there and he narrated the facts to them. Leaving the motorcycle at the spot he went in a rickshaw to Police Station Gandhi Nagar and made statement Ex. PB. He was them medically examined.

(3.) The prosecution version as spelt out by S.L Gurdeep Singh (P.W. 10) is however, slightly different. According to him, he was, then posted at Police Station Gandhi Nagar and copy of report Ex. PX was delivered to him at about 9.30 p.m. whereupon he reached the school lane alongwith Constable Prero Shanker. They met Dharam Singh injured, who was present there and he recorded his statement Ex. PB. He sent the same to the Police Station under his endorsement Ex. PB/I through Constable Prem Shanker for registration of a case and a formal FIR was recorded on its basis. He then embarked upon the investigation of the case, recorded the statements of Vijay Kumar, Gajraj Singh and Rattan Singh (the latter having since died), prepared the site plan Ex. PY and sent Dharam Singh for medical examination.