SUDESH@VINOD Vs. STATE

JUDGEMENT

(1.) Both these appeals are disposed of together by this common judgment as the same have been preferred against a common judgment of conviction and order on sentence.

(2.) The present appeals have been filed by the appellants i.e. Sudesh @ Vinod (Appellant in Crl.A. No. 554/2001) & Vivek @ Babloo @ Rahul (Appellant in Crl.A. No. 563/2001), aggrieved by the judgment of conviction dated 30th July, 2001 convicting the appellants finding them guilty under Sec. 394 of the Indian Penal Code (IPC) and order on sentence dated 31st July, 2001 vide which the sentence was passed under Sec. 394/34 of the Penal Code against the appellants to undergo rigorous imprisonment for a period of four years. The accused were granted benefit of Sec. 428 Cr.P.C.

(3.) The facts in brief are that on 19th Oct., 1999 SI Kali Ram along with HC Uday Singh, HC Vinod Kumar and Ct. Daya Prakash while on patrolling duty at Ajmeri Gate, New Delhi Railway Station, noticed two boys running towards them while the complainant i.e. Ramesh Chand Sharma, was chasing them, shouting "Pakdo Pakdo" upon which SI Kali Ram with the help of his above mentioned colleagues, apprehended them. The accused Sudesh@Vinod (Appellant in Crl.A. No. 554/2001), was having Rs. 220.00 in his hand. As per the statement of the complainant, he was conductor in white line bus and that on 19th Oct., 1999 while he was counting cash in the bus, the said two boys came inside and threatened him to hand over the cash else they would kill him and upon denial by the complainant one boy i.e. Vivek @ Babloo @ Rahul (Appellant in Crl.A. No. 563/2001), caught hold of his collar while Sudesh snatched cash from him and gave blade injury on the left side of his neck and right side of his knee. The complainant raised noise upon which driver of the bus alighted from the bus and one Raju, helper in the bus, also approached. Thereafter, the accused persons, who ran towards outer gate side of the Railway Station, were chased by all these persons by saying "pakdo pakdo" when police also approached and apprehended them. Thereafter, recovery of Rs. 220.00 was effected from the accused Sudesh; ruqqa was prepared at the spot; case was registered; complainant was medically examined and pant of the complainant and shirt of the accused were taken into possession which were sent to the Forensic Science Laboratory. It emerges from the record that charges under Sections 394/397/34 of the Indian Penal Code were framed against the accused to which they pleaded not guilty and claimed trial.