ABHISHEK Vs. STATE OF THE NCT OF DELHI

JUDGEMENT

(1.) THIS is an appeal u/s 374(2) Cr.P.C. against the judgment and order dated 23.11.2011 and 26.11.2011 respectively passed by learned Additional Sessions Judge, Patiala House Court in SC No. 16/11 pertaining to FIR No. 13/11 u/s 392/394/397/411/34 IPC registered with PS Mandir Marg.

(2.) ON 18th January, 2011, at about 9:00 -9:30 pm, PW8 -Dinesh Das was going from Shivaji Stadium to Block No. 85, Kalawati Hospital by the side of wall of Lady Harding Medical College. Two boys came from opposite side and hit him. One of the boys pressed his neck with one hand and from another hand started hitting him with a knife. He caught hold of his hand in which he was holding the knife and twisted the same as a result of which he sustained injuries on both of his hands. By that time, his associate removed his mobile phone from back pocket of his pant and Rs. 8000/ - from front pocket of the pant. In the meanwhile, some passersby came to his rescue. On seeing them, the boy who was aged about 20 -21 years and had removed his mobile and money, ran away. However, the boy who caught his neck was apprehended by him. Some passersby informed the police who reached the spot. The boy who was apprehended at the spot came to be known as Abhishek S/o Shiv Bahadur. On receipt of information, ASI Narender Singh, In charge of PCR No. 5498 reached the spot along with PCR staff and found complainant Dinesh and accused Abhishek in injured condition. One razor/ustra was in possession of Abhishek and he was informed by the injured that he was robbed by Abhishek with his other associate who had succeeded to run away from there and he has been robbed of his mobile phone and a sum of Rs. 8000/ -. ASI Narender Singh removed both the injured to RML Hospital. He came to know that Abhishek was beaten by the public persons. On receipt of call regarding the robbery incident, Head Constable Devender reached the spot where he came to know that injured victim along with accused have been taken to RML Hospital by PCR, as such, he went to RML Hospital, collected MLCs of Dinesh Prasad, Ex.PW3/A and accused Abhishek, Ex. PW3/C. Both were declared fit for statement by the doctor. As such, he recorded the statement of injured victim Dinesh, Ex.PW7/A, prepared rukka Ex.PW7/B and sent the same through Constable Rajiv for registration of FIR. Further investigation was entrusted to ASI Suraj Bhan. However, when Head Constable Devender came out from the Emergency and went to PCR, RML Hospital where PCR officials handed over one broken razor/ustra. He prepared the sketch of Ustra, Ex.PW1/A and seized the same vide memo Ex.PW1/B. Thereafter he along with accused Abhishek and complainant Dinesh went to the place of incident where accused pointed out the place of incident vide pointing out memo Ex.PW7/C. Accused Abhishek was arrested vide memo Ex.PW7/D. The Investigating Officer lifted the blood, earth control sample, one piece of stone having blood stains, one muffler, blood stained woollen gloves from the spot vide different seizure memos. Search was made for the co -accused who was not traceable. Subsequently, on 4th March, 2011, on the basis of secret information, accused Vikaram Thapa was arrested and one mobile phone belonging to the complainant was recovered from right pocket of his pant.

(3.) IN order to substantiate its case, prosecution in all examined 12 witnesses to substantiate the charge. In statement u/s 313 Cr.P.C. the accused persons denied their complicity in the crime and pleaded false implication.