GULZAR SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of present appeal, the appellant seeks to assail the judgement of conviction dtd. 1/4/2017 and order on sentence dtd. 13/4/2017 passed by ASJ (FTC), Tis Hazari Courts, Delhi, in SC no. 56613/2016 arising out of FIR no. 383/2011 registered under Ss. 392/394/397 IPC at P.S. Tilak Nagar, Delhi.

(2.) Vide the impugned order on sentence, the appellant is sentenced to undergo RI for a period of 5 years alongwith fine of Rs.3,000.00 for the offence punishable under Sec. 394 IPC and in default of payment of fine, to undergo SI for a period of 2 months. Further, directed to undergo RI for a period of 7 years alongwith fine of Rs.5,000.00, in default thereof would undergo SI for a period of 3 months for the offence punishable under Sec. 397 IPC. The benefit of Sec. 428 Cr.P.C. was granted to the appellant. The sentences of the appellant was suspended during pendency of the present appeal by this Court vide order dtd. 20/5/2020.

(3.) Briefly put, the case of the prosecution is that on 31/10/2011, upon receipt of DD No. 88B, SI Manoj Chahar reached Mukhram Park Extension, Tilak Nagar, Delhi, where Ct. Sandeep Kumar informed him that the injured had already been shifted to Deen Dayal Upadhyaya Hospital by a PCR van. SI Manoj Chahar proceeded to the hospital and recorded his statement. The complainant stated that at about 9:40 PM, while he was on his way to Fair Deal Medicos, and upon reaching in front of House No. WZ-13, Hind Nagar, a person came from behind, put a knife on his neck, and snatched his mobile phone. When he resisted, the assailant inflicted a knife injury and fled. The complainant raised an alarm and chased the assailant, during which a police person joined him. After some distance, the assailant was apprehended. The complainant was thereafter taken to the hospital by the PCR van. On the basis of the complainant's statement, the present FIR registered.