RAJINDER NARAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This judgment shall dispose of the two Criminal Appeals, i.e. Criminal Appeal 116 of 1982 Rajinder Narain v. State and Criminal Appeal 122 of 1982 Sham La! Mamu v. State in as much both these appeals have arisen out of the same judgment of conviction dated 30.4-1982 and the same order of sentence of the same date, passed by Shri V.B. Bansal Additional Sessions Judge, Delhi in the case F.I.R. No. 99 of 1977 for offences under Sections 394/307, Indian Penal Code and Section 27 of the Arms Act of Police Station Civil Lines, Delbi, wherein the appellants of both these appeals stood trial along with Lal Chand Bhola.

(2.) The learned trial court acquitted accused Lal Chand Bhola giving him the benefit of doubt whereas Sham Lal and Rajinder Narain were convicted for the offence of robbery under Sections 392,134 read with Section 307, Indian Penal Code Sham Lal was also convicted under Section 324, Indian Penal Code as also under Section 27 of the Arms Act.

(3.) The case of the prosecution, stated briefly, is that at about 5-00 P.M. on 22-2, 1977 Ashok Gupta along with his companion Vidya Bhushan were going to Shakti Nagar on a two. wheeler scooter which was being driven by Ashok Gupta whereas the pillion seat thereof was being occupied by Vidya Bhushan and while coming from the side of Kasbmere Gate they stopped the scooter at the crossing of Alipur Road and Baulevard Road near I.S.B.'on account of the traffic red light. A three wheeler scooter also came from behind and stopped on their left side. That three- wheeler scooter was being driven by Lal Chand Bhola and the passengers therein were the appellants Rajinder Narain and Sham Lal. Sham Lal got down from the three-wheeler scooter and snatched the spectacles which Ashok Gupta was wearing. Rajinder Narain also got down from the three-wheeler scooter. Ashok Gupta also alighted from his two wheeler scooter. Sham Lal and Rajinder Narain gave filthy abuses to Ashok Gupta and Vidya Bhushan and also gave threat of killing them. Appellant Sham Lal started slapping Ashok Gupta Vidya Bhushan intervened but he was engaged in a grapple by appellant Rajinder Narain. In the meantime, appellant Sham Lal took out a knife from his Dub and thrust the same in the belly of Vidya Bhushan whereupon Vidya Bhushan raised alarm and the traffic constable ran to his help on seeing whom both Sham Lal and Rajinder Narain appellants tried to escape. The traffic constable tried to over power them. Appellant Sham Lal on account of his being under the influence of liquor fell down as a result of which his had struck against the left side of the scooter and then his companion appellant Rajinder Narain immediately gave him support and put him in the scooter and both of them escaped towards Baulevard Road Tis Hozari Thereafter Rajinder Narain appellant brought Sham Lal appellant in the scooter to Hindu Rao Hospital. Ashok Gupta took his companion Vidya Bhushan injured to police post ISBT wherefrom he was taken to Hindu Rao Hospital wherein he was admitted. Injured Vidya Bhushan was being examined In Hindu Rao Hospital when Sham Lal and Rajinder Narain appellants arrived there. Sham Lal was admitted in the hospital and Rajinder Narain was detained by the duty constable at the instance of injured Vidya Bhushan. Duty constable Trilok Singh gave information on telephone to police post ISBT about the admission of Vidya Bhusban in injured condition where upon D.O. No. 31 was recorded at 5.35 p.m. A copy of this D.O. entry was sent to Sub Inspector Darshan Singh for investigation of the case. S.1. Darsban Singh recorded the statement of injured Vidya Bhushan in Hindu Rao Hospital who gave the details of the occurrence. After recording his endorsement on the statement of injured Vidya Bhushan he forwarded the same to the police station Civil Lines for the registration of the case. Accused Sham Lal was arrested by him in Hindu Rao Hospital.