DEVA SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 29.02.2012 wherein the appellant stood convicted under Sec. 392 read with Sec. 397 of the IPC. He was sentenced to undergo RI for a period of 7 years for the offence under Sec. 397 of the IPC; for his conviction under Sections 392 of the Penal Code he had been sentenced to undergo RI for a period of 4 years and to pay a fine of Rs. 5000.00, in default of payment of fine to undergo SI for a period of 3 months.

(2.) Version of the prosecution was that Shiv Sagar (PW-2) had lodged complaint on 13.9.2011. This was to the effect that at about 4.00 p.m. when he had gone DDA Jungle near Gas Godam near Metro Line to answer the call of nature, at the point of a knife the accused threatened the complainant and forcibly took his purse containing his I-card, visiting card, cash of Rs. 1100.00, his mobile make MAXX model as also two silver rings which he was wearing on his hands. Being isolated place he could not make noise. PW-2 ran towards the Gas Godam which was manned by Ajay (PW-3). Police officials were also there. The accused who had hardly run a little distance was chased by the police party and he fell down. The accused sustained injuries. He was apprehended and from his personal search all the articles detailed by PW-2 in his complaint Ex.PW-2/A i.e. his mobile, Rs. 1100.00 in cash, his I-card and his two rings were recovered from the accused. A knife was also recovered from his pocket. This was in the presence of both PW-2 and PW-3. The knife was taken into possession vide memo Ex.PW-2/B. The length of the knife was about 1 foot.

(3.) Incident was reported to the police. Statement of PW-2 was recorded. FIR was registered thereafter. PW-5 (constable Harender) and PW-6 (constable Ravinder) had apprehended the accused. Both of them have corroborated this incident. The accused was arrested vide memo Ex.PW-2/E. His MLC was conducted and scratch/injuries were noted upon his person. Personal search of the accused was conducted vide memo Ex. PW-2/F. Investigating Officer of this case was SI Praveen. He was examined as PW-7. PW-4 (Pramod Chaudary) was also another relevant witness examined by the prosecution. He was the shopkeeper who as per his version had sold two mobile phones to PW-2. He had produced the bill (Ex.PA) regarding the sale of these two mobile phones to PW-2. On the basis of the afore-noted evidence collected by the prosecution, the accused was convicted and sentenced as afore-noted.