MANISH Vs. STATE

JUDGEMENT

(1.) The appellant Manish@Manni impugns the judgment dated 28.03.2012 and order on sentence of the same date whereby he was convicted u/s 392/34,394 and 397 IPC and sentenced as under:-

(2.) Succinctly stated, prosecution case is as follows:- On receipt of DD No.73B, Ex.PW8A, PW11 SI Satish Kumar along with PW8 Ct. Anil Kumar reached Chadha Nursing Home where he came to know that two of the injured have been removed to BSA Hospital, Rohini. Thereupon, he went to BSA hospital where he collected MLC of Amarjeet s/o Ram Tirath and Rajesh s/o Baldev Singh. Amarjeet was declared fit for statement. His statement Ex.PW11/A was recorded wherein he disclosed that he was working as a tailor with Rajesh at Samaipur Badli Chowk. On 12.10.2009 at about 10 p.m he along with Rajesh went for a stroll after dinner and while strolling they were going to kaccha rasta via Samaipur crossing. At a deserted place, three boys surrounded them and tried to snatch their Manni and mobile. One boy caught him and the other boy caught hold of Rajesh and tried to remove goods from their pockets. He identified them and when he told them that he had identified them, then the third person who was standing in the front hit them with iron rod on their head. Rs.300/- was snatched from his purse while the other boy, with the help of the boy who was having rod, removed the mobile phone and Rs.300/- belonging to Rajesh. When they started raising alarm, some police officials came. Those persons threw the rod at the spot. Two boys managed to escape while the third boy whose name was revealed as Shankar was apprehended by the police at the spot. He also identified two other boys since he used to see them in the market and their name has been revealed as Manni and Manoj.

(3.) It is further the case of prosecution that on 19.10.2009 at the instance of complainant Amarjeet, accused Manish@Manni was apprehended from his house and at his instance one iron rod was recovered. Manoj could not be traced. Accused Shankar faced trial before the Juvenile Justice Board and died during trial. Charge sheet was submitted against the appellant Manish@Manni. Charge for offences u/s 392/34, 394 & 397 IPC was framed against him, to which he pleaded not guilty and claimed trial. 15 witnesses were examined by the prosecution to substantiate its case. The case of accused was one of denial simplicitor. According to him, he was lifted by the police from a flour Chakki and implicated in this case falsely. He did not prefer to lead any defence evidence.