PRAVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the Judgment dated 13.10.2005 and Order on Sentence dated 15.10.2005 whereby the appellant was convicted under Section 394/34 of I.P.C. read with Section 397 thereof and was sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/ - or to undergo simple imprisonment for two months in default.

(2.) THE case of the prosecution is that on 21.9.2004, complainant Sanjay, who was dropped by his employer at Ring Road, near Pitam Pura Police Lines, was going on foot towards village Karala as he could not get any transport at that hour of the night. When he reached near Sulabh Shochalyain Y -Block Mangolpuri, the appellant, who was carrying a knife in his hand and his co -accused Krishan Kumar held him and asked him to take out whatever he had with him. When the complainant covered his pocket with his hand, the appellant gave a knife blow on the left side of his chest as well as on his left hand, Driving licence of the complainant and Rs. 80/ - which he was carrying with him were removed and both the culprits ran away towards Y -Block, Mangolpuri park.

(3.) DURING trial, the complainant came in the witness box as PW -3 and stated that on the night intervening 20/21.9.2004, he came to Delhi from Jammu driving a Quails vehicle. His employer Atul Aggarwal left him near Police Lines, Ring Road. Since he had to go to village Karala where his cousin was residing, he proceeded towards Mangolpuri -Sultanpuri Road after waiting for a while for a bus. When he reached near Y -Block, the appellant and his co -accused Krishan Kumar stopped him and asked him to handover whatever he had with him. The taller boy gave him two knife blows and snatched his Driving Licence and cash amounting to Rs. 80/ -. Both of them than ran towards park.