MUSA SINGH Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 25.02.2002 passed by the learned Additional Sessions Judge, Delhi convicting the appellant for the offence punishable under Section 392/397 of Indian Penal Code (hereinafter referred to as I.P.C.) and under Section 25/54/59 of Arms Act, and order on sentence dated 25.02.2002, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of seven years for the offence under Section 397 IPC; to under rigorous imprisonment for seven years for the offence under Section 392 of IPC with fine of Rs.1,000/- and in default of payment of fine the appellant was directed to undergo imprisonment for a period of one month and to undergo rigorous imprisonment for a period of 3 years under Section 25 of the Arms Act with fine of Rs.1,000/-, in default of payment of fine he shall further undergo imprisonment for one month, the present appeal has been filed.

(2.) Factual matrix of the instant case is that present case is registered at the instance of injured Sanjay @ Lalit Mohan, who stated in his statement before the SI Ajmer Singh that on 25.04.1999, he alongwith his friend Raju had come from Chandigarh to Delhi to meet his sister living in Rohini. As he misplaced her address slip, and despite best efforts he could not search the house of his sister and to spend the night they came to Azad Pur Subzi Mandi. At about 10.00 PM they slept on the fad of Subzi Mandi in the night. In the morning he alongwith Raju went to nearby Mahindra Park pond, which was near a liquor shop for meeting the call of nature. One boy was also sitting there who came to them and enquired about the place from where they had come. He apprised him that they had come from Chandigarh and were going back the same day. He asked them to give whatever they had to him, otherwise he would tear their abdomen. It is further stated that they told him that they had money only for the bus fare. At about 10 AM of 26.04.1999, he took out knife from the right pocket of his pant and stabbed on complainant's left thigh. He raised noise saying 'bachao-bachao' and thereafter fell down. He took out Rs.300/- from his shirt's pocket. His fellow Raju got frightened. On raising noise, some people came there and addressed the accused as 'Musa' and said that 'Musa had not done good by stabbing him'. Regarding identity of Musa, he stated that the accused had a scar of old injury near his right eye and was of wheatish colour with height of 5 feet 5 inch and well built. It is further stated that he can identify him on seeing.

(3.) After recording the statement of the injured, rukka (Ex.PW-5/A) was prepared and FIR was registered. During investigation, an information was received that the appellant was present near Punjabi Dhaba. Sub-Inspector Ajmer Singh organized a raid and requested some passersby to join them but they denied. They reached at the place indicated by the informer and at pointing out by complainant Sanjay, apprehended the appellant at about 5.00 PM. He was found to be in possession of spring actuated knife (buttondar). The accused was separately challaned under Section 25/54 & 59 of the Arms Act vide FIR No.238/1999.