MD ARIF Vs. STATE

JUDGEMENT

(1.) These are two appeals filed by Mohd. Arif and Mohd. Noor. Mohd. Arif is a convict under Section 397 of the IPC. He has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo SI for 15 days. His nominal roll has been requisitioned. It reflects that as on date, he has undergone incarceration of about 5 years and 6 months including remission. His jail conduct is satisfactory. The second appellant namely Mohd. Noor is a convict under Section 392 of the IPC. He has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo SI for 15 days. His nominal roll reflects that as on date, he has undergone incarceration of 2 years and almost 3 months including remission. His jail conduct is also satisfactory.

(2.) The version of the prosecution was unfolded in the testimony of the complainant (Dinesh). He was examined as PW-4. He has deposed that on the fateful day i.e. on 01.06.2011 at about 08:30 to 08:45 PM when he was returning from his work and alighted at Punjabi Bagh power house, he took lift in auto No. 8231 in which two persons were already there as also the driver of the auto. When they reached near Britannia bridge, one of the person namely Mohd. Arif put a knife on his neck and snatched his Samsumg mobile; accused Azim took Rs.480/-.

(3.) The knife was seized vide memo Ex.PW-3/B and it sketch (Ex.PW-3/A) was prepared. The Investigating Officer SI Radhey Shyam was examined as PW-7. He had been accompanied by HC Ram Rattan (PW-3) and constable Tej Pal (PW-6). PW-3 and PW-6 had also signed Ex.PW-3/A and Ex.PW-3/B.