LAWS(DLH)-2009-5-392

ROHTASH Vs. THE STATE

Decided On May 12, 2009
ROHTASH Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) INTERMINGLING of the two offences, i.e., of abduction and armed robbery produces a strange concoction in this case. To begin with, the offence is of abduction which Appellant and his companions commit at the point of a revolver and the demand of ransom of Rupees one lac is strangely made to the victim and not to his relatives and the victim is let of by telling him that he should pay it on the second day. In any case, it is said that offence of abduction simplicitor is still made out and side by side, offence of armed robbery has been committed by appellant/accused and he was assisted by his companions in commission of these offences. In the aforestated background, factual scenario of this case has to be looked into.

(2.) IN the evening of 29th day of November, 1998, A.K. Mishra was about to leave his house in his Maruti Car and Appellant/accused took a lift from him and since A.K. Mishra knew Appellant/accused, therefore, he offered him a lift and in the meanwhile, three companion of Appellant/accused sat on the rear seat of the car of A.K. Mishra, who did not object to it since Appellant/accused was known to him. After traveling for a short while, Appellant/accused asked A.K. Mishra to close the side window of the car and pointed a revolver at him, whereas his companions had put some weapon like object on his stomach from the rear side and Appellant/accused directed A.K. Mishra to move towards Lal Kuan by pointing the revolver at him and out of fear, A.K. Mishra took left turn in a street and stopped the car and one of the companions of the appellant/accused, pushed A.K. Mishra inside the car and drove the car. After they had crossed Sangam Vihar, one of the companions of appellant/ accused took out the purse of A.K. Mishra from the back pocket of his pant and gave a blow to him with the butt of the revolver and thereupon, appellant/accused told his companion not to beat A.K. Mishra and to take the money.

(3.) ON the aforesaid statement of A.K. Mishra, (Ex.PW -4/A), FIR No. 1062/98 under Section 392/397 of the Indian Penal Code was registered at Police Station Kalkaji, Delhi. Girdhar Gopal Mishra (PW -5) supports the aforesaid version of complainant/first informant (PW -4). ASI Raj Singh, (PW -6) is the initial Investigating Officer of this case. DSP Ombir Singh (PW - 8) had deposed about the arrest of appellant/accused in another case. SI Anil Kumar (PW -9) is the main Investigating Officer of this case, who has filed the charge sheet in this case against appellant/accused alone as his companions could not be traced.