TRILOK KAPOOR AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 16th September, 2006, whereby the appellants were convicted under Section 392 of IPC read with Section 397 thereof and were sentenced to undergo R.I. for 7 years, each.

(2.) THE case of the prosecution is that on 8th July, 2003, at about 3.45 AM, the complainant Praveen Kumar, driver of Qualis vehicle No. HR -55 AT -3575 stopped the vehicle on outer ring road near JNU bus stand, in order to answer the call of the nature. One Maruti car No. DL -1CD -5415 came there and stopped near him. Two boys, one of whom was tall and the other one was short came out of Maruti car. The short boy put a knife on the right side of the complainant, whereas the tall boy put a revolver on the left side of his face, and threatened to shoot him, in case he raised alarm. The complainant was then put ahead of the rear seat of the maruti car and the key of the Qualis was snatched from him and was given to the short boy. The person, who was driving the maruti car reversed his car. The boy wielding knife then reversed the Qualis vehicle. The tall boy was sitting on the rear seat. He took out the purse of the complainant which contained Rs. 200/ - in cash. Leaving the complainant and the Maruti car near Uday park, culprits fled away in Qualis vehicle.

(3.) PW -8 Ms. Barkha Gupta, Metropolitan Magistrate has stated that on 4th December, 2003, she went to Central Jail No. 3 for conducting TIP of Subhash. The accused Subhash was produced before her and was identified by the Assistant Superintendent of Jail. Subhash, however, refused to join TIP vide his statement Ex. PW 8/A. She has further stated that on the same day, accused Trilok Kapoor was also produced and identified by the Assistant Superintendent of Jail. Trilok Kapoor also refused to join TIP vide statement Ex. PW 8/E.