JOGINDER SINGH Vs. STATE

JUDGEMENT

(1.) Joginder Singh Alies Joginder Pal, aged 22, was tried in the Court of Mr. T.S. Oberoi, Additional Sessions Judge on the charges under Sections 394 and 397 of the Indian Penal Code. The Additional Sessions Judge found the accused guilty of the offence under Section 394 of the Indian Penal Code and sentenced him to rigorous imprisonment for 3 years. The accused was also found guilty of an offence under Section 27 of the Arms Act and was sentenced to imprisonment for 3 years. However, both the sentences were ordered to run concurrently.

(2.) Against his convictions and sentences the accused has come in appeal.

(3.) The case for the prosecution is this: On 15th September 1977 at about 2.30 p.m. Surat Singh Mann (P.W. 4) boarded bus No. 131 from Singhu Border for Mandi House. Public Witness . 4 changed the bus at G.P.O. Kashmiri Gate and boarded bus No. 28 for Mandi House. Public Witness . 4 took a seat near the window but as it started raining he got up from the seat and stood in the passage between the seats. Near Darya Ganj Public Witness . 4 felt that some one is picking his pocket. Public Witness . 4 caught the accused by his hand and asked him as to what he was doing. The accused placed an open knife on the right side buttock of Public Witness . 4 and said : "Chhore Sale". Public Witness .4. apprehending danger. released the hand of the accused. The accused stabbed Public Witness . 4 at the back of the right thigh. Public Witness . 4 got aside and raised an alarm that he had been injured with the knife and that he should be dropped from the bus. The bus stopped at the I.T.O. Bus stop and the accused, Public Witness . 4 and other passengers got down. Public Witness . 4 raised alarm that the accused should be caught ; V.P. Kohli, Sub-Inspector (P.W. 7), Zorawar Singh, ASI (P.W. 6) and constable Malkhan Singh (P.W. 5) who were on duty at Dayal Singh Building were coming after finishing their duty and they on hearing the alarm apprehended the accused while he was trying to escape.