UDAY KUMAR SINHA Vs. STATE

JUDGEMENT

(1.) Aggrieved by his conviction under Sections 394/397 of the Indian Penal Code, 1860 (IPC) and Section 25 of the Arms Act, 1959 appellant has preferred this appeal.

(2.) Prosecution case, as set out in the charge-sheet, is that on 10th November, 2005, an information was received in the Police Station Tilak Nagar at about 4:45 PM that two/three persons, armed with revolver, had come to the premises bearing no. 5-B/17, Meenakshi Garden, Delhi, pursuant whereof DD No. 13-A was recorded and handed over to Sub Inspector D.P. Kajla for enquiry, who along with Constable Devender reached the spot and recorded statement of Bhupinder Kumar, (Ex.PW3/A) wherein he stated that he was employed as an Accountant in Sudhir Printers. He was present in the office along with Ajit Khurana and Sunil Kumar when at about 4:20 PM, three boys, namely, Mushir Ahmed @ Babloo armed with desi katta, Uday Kumar Sinha (appellant) armed with a dagger and Shyam armed with a razor, entered in the room and bolted it from inside. Mushir Ahmed @ Babloo asked all of them to raise their hands by pointing desi katta. Mushir Ahmed @ Babloo removed purse from the pants pocket of Ajit Khurana, appellant took out the purse from the pocket of Sunil Kumar while Shyam removed purse from the pocket of Bhupinder Kumar. Thereafter, Mushir Ahmed @ Babloo commanded Ajit Khurana to hand over the keys of Almirah to him. When Ajit Khurana refused to do so, appellant and Mushir Ahmed @ Babloo gave beatings to him. Mushir Ahmed @ Babloo fired at Ajit Khurana and the bullet hit the right leg of Ajit Khurana. Sunil Kumar was attacked by Shyam by the razor resulting injuries on the left hand of Sunil Kumar. Ajit Khurana and Sunil Kumar raised alarm at which Shyam threw the razor and took out a katta and fired in the air. Thereafter, appellant, Mushir Ahmed @ Babloo and Shyam started running in order to escape. Sunil Kumar apprehended Mushir Ahmed @ Babloo near the door. However, appellant and Shyam succeeded in escaping. Bhupinder Kumar chased them while raising alarm "pakro-pakro". Appellant was apprehended in the Gali by one Mr.Raghubir Singh @ Rinku and two police officials namely, Head Constable Sunder Singh and Constable Satender, who were on patrolling in the area. Ajit Khurana was removed to hospital. Mushir Ahmed @ Babloo and appellant were handed over to Sub Inspector D.P. Kajla, (Appellant and his accomplices were not known to Bhupinder, Ajit and Sunil and their names were disclosed after appellant and Mushir Ahmed were apprehended).

(3.) After recording the statement of Ajit Khurana, Sub Inspector D.P. Kajla wrote rukka (Ex. PW5/A) and sent it to Police Station at about 6:30 PM per hand constable Devender Kumar for registration of FIR, pursuant whereof FIR no. 729/2005 was registered in the Police Station Tilak Nagar under Sections 394/397/34 IPC read with Section 25 of the Arms Act. Investigation was thereafter handed over to Sub Inspector Ramesh Singh, who reached the spot and prepared site plan (Ex. PW14/A), prepared sketch of desi katta and empty cartridge (Ex. PW3/H); sketch of razor (Ex. PW3/J); sketch of dagger recovered from appellant (Ex. PW3/D). He prepared sketch of live cartridge recovered from Mushir Ahmed (Ex. PW3/A). Dagger, razor, desi katta, live cartridge and pellets were seized vide seizure memos Ex. PW3/E, Ex. PW3/K, Ex. PW3/I, Ex. PW3/C and Ex.PW3/L respectively. Purse recovered from the appellant was seized vide seizure memo Ex. PW3/F, purse recovered from Mushir Ahmed was seized vide seizure memo Ex. PW3/G. Mushir Ahmed and appellant were arrested vide Arrest Memos Ex.PW3/M and Ex.PW3/P. Accomplice of the appellant, Shyam could not be apprehended. MLC of Ajit Khurana (Ex.PW1/A) and MLC of Sunil (Ex.PW1/B) was collected.