PRAVEEN Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 20.09.2014 passed by Sh. Naresh Kumar Malhotra, Additional Sessions Judge -05, West, Tis Hazari Courts, Delhi in Sessions Case No. 49/14 (Old No. 37/13) arising out of First Information Report (FIR) No. 50/2011 registered at Police Station - Nangloi under Sections 392/34 I.P.C. and Sections 25/54/59 of the Arms Act.

(2.) I may notice that the charge framed against the appellant under Sections 392/34 IPC and Section 397 IPC, to which the appellant and the co - accused pleaded 'not -guilty'.

(3.) THE case of the prosecution, taken note in the impugned judgment, is that on receipt of DD no. 39A, PW -8 ASI Shiv Narain went to the spot, where the complainant/PW -1 met him. The complainant produced one knife and handed over the accused Praveen to him. The complainant also gave his statement to ASI Shiv Narain, wherein he has stated that he is running a Chemist shop. On 28.02.2011, at about 6.10 PM, he was sitting at his shop. Three boys came on a black colour Pulsar motorcycle. Two boys came into the shop and one boy remained seated on the motorcycle. Those two boys demanded money from the complainant. On the complainant questioning them "Kis Cheez Ke Paise" one boy stated that "I am the 'DAADA' of this area and my name is Kale", and he put a knife on the left side of the stomach of the complainant and other boy took Rs.12,000/ - from the pocket of the complainant. Both those boys left the shop, while abusing the complainant. When the complainant raised an alarm, his neighbour Dharampal S/o late Diwan Chand/PW -4 came there and some passersby also collected there. All the three boys tried to flee from the spot. Two boys succeeded in fleeing from the spot on the motorcycle, while the third boy was apprehended by the complainant with the aid of the public persons and he disclosed his name as Praveen @ Kale. The complainant also stated that out of the two boys who had fled away from the spot, one of them was the brother of accused Praveen Kumar, and he can identify him.