RAJESH Vs. STATE

JUDGEMENT

(1.) On 29.2.2004 at 9.30 PM Raj Kumar PW-4 was coming on his three wheeler scooter from Rohini side. On the signal of a boy he stopped the vehicle at the Mangol Puri bus stop and agreed to take him along with his two companions to the Uttam Nagar Terminal. At Dholi Piau one of the three boys asked him to stop the vehicle as he was to meet his brother working in the Metro. The said boy then came back. At the same point of time another of those three boys came on the left side of PW-4 and put a knife on his thigh; Rs.595/-. was snatched from PW-4; this money was snatched by the boy who had put the knife on the thigh of PW-4; the wrist watch of Pw-4 was also snatched; his TSR was forcibly taken away but on a chase by PW-4, accompanied by a policeman, Constable Mahesh Chand, PW-5; the TSR was stopped and overpowered; one out of the three boys i.e. the present appellant Rajesh was apprehended at the spot along with knife. The statement of PW-4 Ex. PW-4/ A was recorded on which endorsement Ex,PW-6/B was made by SI Jagat Singh pursuant to which the present FIR was registered.

(2.) The first report of this incident was recorded in DD No.25A. This DD Ex.Pw-6/A was marked to SI Jagat Singh PW-6 at 10.45 PM who reached the spot. PW-5 and PW-4 were already present at the spot. Appellant Rajesh who had been apprehended by PW-5 along with his knife was produced before PW-6; the sketch of the knife Ex.PW-4/D was prepared; it was taken into possession vide memo Ex.PW-4/E. Statement of the complainant Ex.PW-4/A was recorded. Site plan Ex.PW-6/C was prepared. The TSR was also seized vide memo Ex.PW-4/F. Torn shirt and the cut pant of the victim i.e. of PW-4 was taken into possession vide memo Ex.PW-4/B.

(3.) The co-accused Liyaqat Ali and Rakesh @ Paina were formally arrested in this case on 15.3.2004; they had disclosed about their involvement in the present case pursuant to their arrest in FIR No. 130/2004 on 6.3.2004 at police station Kirti Nagar. Appeal of Liyaqat Ali has since been dismissed by a Co-ordinate Bench of this Court; co-accused Rakesh @ Paina was acquitted by the Trial Court giving him benefit of doubt.