KRISHAN KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal assails the judgment of court of sessions whereby the appellant was held guilty and convicted on charge of attempted armed robbery and possession of a knife and punishment awarded for such offence.

(2.) On 06.10.1997 Sub Inspector Ghanshyam Dass (PW-9), the investigating officer (IO) made an endorsement on the statement (Ex.PW-7/A) of Ramesh Chand Inani (PW-7) and got first information report (FIR) no. 523/1997 (Ex.PW-1/A) registered at about 10.10 p.m. in the police station Sarai Rohilla concerning an incident that statedly had occurred at the bus stand of Kishan Kunj on old Rohtak Road, which falls within the jurisdiction of the police station Sarai Rohilla. At the time of making the endorsement, he had statedly apprehended the appellant herein with assistance of Constable Mahesh Kumar (PW- 2) and Head Constable Anwar Ahmad (PW-3), he being formally arrested after personal search (Ex.PW-2/B) in the presence of PW-2, PW-3 and PW-7.

(3.) It is stated that during interrogation of the appellant, he had made disclosure (Ex.PW-2/D), inter alia, showing complicity on the part of two others i.e. Bishan Kumar (A-2) and Azad Singh (A-3) in the offences allegedly committed under Sections 393/397 read with Section 34 of Indian Penal Code, 1860 (IPC). It is also stated that at the time of commission of the said offences, the appellant (A-1) was also found having in his possession a knife (Ex.P1) which was seized vide memo (Ex.PW-2/C), its sketch (Ex.PW-2/A) having been prepared at the time of recovery at the same point of time.