ARUN @ BHOOT Vs. STATE

JUDGEMENT

(1.) Arun @ Bhoot, Mohan Paswan, Jitender @ Pinki and Atul @ Chawal are alleged by the prosecution to be robbers. The prosecution claims that at 7:00 AM on September 22, 2012, three trucks : No.RJ 11 GA 5893, RJ 02G 6954 and HR 73 1066 were parked in front of Marry Makers Banquet Hall, Wazirpur Industrial Area and the drivers of the three trucks : Bijender, Lal Chand and Om Prakash respectively, were taking a siesta in their respective trucks when the four robbers struck. Jitender @ Pinki, upon entering the first truck, put a knife on the neck of Om Prakash and made him part with Rs.4,700/ - and to demobilize Om Prakash one boy caught his hands, the other his legs and the fourth probably stood by. The next person to be robbed was Bijender. Modus operandi was the same. Jitender @ Pinki put the knife on his neck and made him part with Rs.47,000/ -. The role of the other three being the same. The third driver, Lal Chand had no money with him and therefore two bags containing steel utensils were removed from his truck. So terror stricken was Om Prakash that he lay still inside his truck for some time because he was threatened that if he attempted to chase the robbers he would be sent by the A train to heaven. After some time he came out of the truck and raised a hue and cry. Bijender also mustered courage and said that even he had been robbed. Lal Chand joined. The facts are a little blurred as to who communicated the distress call for the first time to the police control room, because I find two DD entries recorded at police post Wazirpur Industrial Area under jurisdiction of PS Ashok Vihar. The first DD No.7, Ex.PW -1/A records that at 7:25 AM police control room had flashed that a theft had taken place near Marry Maker Banquet Hall. The second DD No.8, Ex.PW -1/B records information received at the police post at 7:45 A.M. that a truck driver had been robbed of Rs.47,000/ -.

(2.) DD No.7 was entrusted for investigation to HC Ashok PW -8 who, reached the spot and met the three truck drivers, who informed that probably the robbers ran towards the fish market. As deposed to by HC Ashok Kumar PW -8, he parked his motorcycle in the market and went towards the fish market and under the Azadpur Bridge 4 -5 boys were seen. The truck drivers informed that they are the robbers. A chase ensued. Three ran away, but Jitender @ Pinki was nabbed and in his pocket was found a button actuated knife. By this time DD No.8 had also been registered and investigation entrusted to SI Ved Prakash PW -10 who, accompanied by Ct.Sanjay PW -9 reached the place of the occurrence, and half his job had already been done by then. Jitender @ Pinki was in the custody of HC Ashok Kumar and so was the button actuated knife Ex.P -1. He seized the knife and drew the sketch Ex.PW -5/C thereof. Jitender @ Pinki disclosed the name of the three other co -accused. SI Ved Prakash thought it prudent to proceed on hot pursuit straightway and not waste time in first recording the statement of one of the three truck drivers and sending the rukka for FIR to be registered; and in my opinion rightly so, because such kinds of crimes need prompt chase. Since Jitender @ Pinki disclosed the jhuggis of the three companions, Mohan's jhuggi was the first to be identified by him. He was apprehended with a booty of Rs.10,000/ -. The other two had managed to run away. Therefore SI Ved Prakash recorded statement Ex.PW -5/N of Om Prakash and made the endorsement Ex.PW -10/A thereunder and dispatched the tehrir at 12:00 noon for FIR Ex.PW -2/A to be registered.

(3.) Thus, as regards appellant Jitender @ Pinki and Mohan, the factum of their apprehension and recovery of a knife from the former and Rs.10,000/ - from the latter are recorded in the tehrir itself. The corresponding arrest memos show the arrest around same time. The recovery memos show the recoveries effected. The arrest memo of Jitender is Ex.PW -5/A and that of Mohan is Ex.PW -5/F. The recovery memo of the knife is Ex.PW -5/D and the sketch thereof is Ex.PW -5/C. The recovery memo concerning Mohan is Ex.PW -5/H.