CHANDAN Vs. STATE

JUDGEMENT

(1.) This appeal has come up for hearing pursuant to the directions issued for expediting hearing in appeals filed by persons in custody (with sentence more than five years and upto seven years).

(2.) The instant has been preferred by the appellant Chandan against the judgment and order on sentence both dated 27th May, 2015 whereby he has been convicted for committing the offence punishable under Section 397 IPC read with Section 394 IPC and sentenced to undergo RI for 7 years with fine of 2,000/- and in default of payment of fine, to undergo RI for one month.

(3.) In brief, the prosecution's case is that on 28th September, 2014, the complainant Ram Vilas, resident of Sonipat, left home to visit his co-brother who was residing in Nangloi. From Sonepat upto Sindhu Border he came by TSR and from there he boarded a Green Line DTC Bus for going to Nangloi. He also got made a bus pass of Rs.40 from the Conductor which was valid for that day. However, before the bus could reach by-pass, he felt pressure to answer the call of nature. He got down from the bus and tried to search for a suitable place to answer the call of nature. Somebody informed him that after crossing the road there was vacant land where he could go. When he crossed the road and reached the open area he met one person who was holding water bottle in his hand. The complainant talked him about water. He told the complainant that he was also going to answer the call of nature and took him towards open area behind the bushes. After reaching there, the said person pushed him, gave him beating and took out a knife from his pocket and put it on his neck. After threatening him to kill he took out his Chinese mobile phone with dual SIM as well his purse which was containing about Rs.1,500/-. After taking his mobile phone he took out the SIM cards and threw them there and left. After that person left the spot and went ahead, the complainant picked the two SIM cards and proceeded in the same direction. He met some persons there and he informed them about the incident that had taken place and pointed out towards the person who was going ahead. Those persons identified him to be Chandan, s/o Puran. On seeing other persons coming towards him, the robber fled from there.