VIRENDER PRATAP MOURYA Vs. THE STATE

JUDGEMENT

(1.) JUST five days before the Christmas of the year 2006, it was evening time, when Ms. Deepmala, a Interior Designer, alighted from a bus at Padmini Enclave bus stop in Hauz Khas, Delhi and she started walking towards her house. When she was passing through C -3 Block of Safdarjung Development Area, she was hit by motorcycle and she fell down. The pillion rider of the motorcycle came close to her and snatched her purse and thereafter, both the assailants fled away on their motorcycle.

(2.) MS . Deepmala was taken to hospital for treatment and information regarding this incident was received by the local police but since Ms. Deepmala was not fit for giving her statement, therefore, no legal action was initiated on the day of the incident and it could be done on 23rd December, 2006 when Ms. Deepmala gave a Complaint (Ex.PW -10/C). Thereafter, legal proceedings commenced. Appellant/accused had refused to participate in the Test Identification Parade. Once the investigation was completed, charge sheet for the offences punishable under Section 394/397/34 of Indian Penal Code was filed against Appellant and his co -accused before the court concerned.

(3.) DURING the trial, not only the evidence of the Complainant/first informant Ms. Deepmala (PW -1) was recorded but also of Head Constables Ombir Singh (PW -4), Sant Raj (PW -5), Bachu Singh (PW -9), who had participated in the investigation of this case. Surinder Singh (PW -7) is the landlord of the accused, who had deposed before the trial court that Appellant and his co -accused, alongwith the police and come to their tenanted accommodation on 21st December, 2006 and at the instance of the appellant, a mobile phone Ex.P -1 (also Ex.P -4) was recovered from his room. Parvinder Singh (PW -8) deposed that he had sold mobile phone Ex.P -1 (also Ex.P -4) to Complainant (PW -1). Inspector Rajesh Dahiya, (PW -10) is the Investigating Officer of this case.