BALDESH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No. 18 of 2003 challenges the judgment of the Additional Sessions Judge dated 26.10.2002 in case arising out of FIR No. 850/1997, Police Station, Dabri whereby the learned Judge has held the appellant guilty under Section 392 IPC read with Section 397 IPC as also under Section 364A IPC. The learned Judge further by his order dated 01.11.2002 sentenced the appellant to rigorous imprisonment for seven years and a fine of Rs. 1,000/- under Section 392 IPC read with Section 397 IPC and in default of payment of fine further simple imprisonment for one month; imprisonment for life and a fine of Rs.1,000/- under Section 364A IPC and in default of payment of fine, further simple imprisonment for one month. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case, as have been noted in the judgment under challenge, are as follows :

(3.) The Prosecution, in order to establish its case, examined 10 witnesses. Of these, PW-2, Mohan Rai Handa, is the complainant. He has stated that on 15.12.1997, he was going towards Pappan Kalan. At about 2.10 " 2.15 p.m. he reached grey colour DDA Flats. He was driving his Toyota Car No. DBC 4036. Mr. Sunil Madnani was on his left in the front seat while his wife was sitting on the back seat. While he was driving slow and looking at the flats near DDA grey colour flats, two persons suddenly emerged and waved them to stop. His wife sensing something wrong urged him to drive on. However, the witness thinking that those persons wanted to show them some flats stopped. As soon as the vehicle stopped, he realized that one of the accused was pointing a hand gun at his head and the other had put a hand gun at the temple of his friend, Mr. Sunil Madnani. The rear doors were locked by the witness's wife but the person who had put the hand gun at his temple directed that the doors be opened at which his wife unlocked the doors and both the persons sat by the side of his wife at the rear seat continuing to point the gun menacingly at Mr. Madnani and the witness. The car engine was running. The accused persons directed the witness to drive the car as per their instructions. At that time, the witnesse's wife and Mr. Madnani were pleading with those persons to spare them, but the witness was directed to keep quiet and keep driving. The person who had pointed the gun at this witness directed that the vehicle be taken to a kuchha road where the person came out followed by the witness's wife. He then directed the witness to switch off the car and get out of it. The witness obliged and kept the key in the ignition of the car. The witness was then directed to remove the gold chain and his wallet. It was then given over to the person. The wallet contained Rs.3,500/-, driving licence, visiting cards etc. This person then asked the witness's wife to hand over her purse. She too immediately did so. The person then emptied the bag and took about Rs.1,500/-. The person on the other side directed Madnani to hand over his wallet which contained about Rs.1,000/-. The witness goes on to say that his wife was able to wave at a passerby who stopped the car. At this, the robbers returned the empty purse and the wallet and pulled the witness out of the car and then got into the driving seat and drove away with Sunil Madnani still being inside the car. The witness and his wife as also the passerby, who had stopped, gave chase to the robbers, but the robbers made good their escape. The witness was then taken to Police Station Dabri where he lodged a report, Ex. PW-2/A. The witness identified one of the two accused persons present in court and pointed towards Baldesh as the person who was in command of the operation. However, the witness did not identify the other person present in court to be the accomplice of Baldesh.