JUDGEMENT
SURESH KAIT -
(1.)INSTANT petition is being filed while challenging the impugned judgment dated17.05.2010 whereby he was held guilty and convicted for the offences punishable under Section 392/34 read with Section 397 IPC.
(2.)ALSO challenged the order on sentence dated 18.05.2010, whereby he was sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5,000/- and in default of payment of fine he shall further undergo SI for 03 months for the offences punishable under Section 392/34 IPC read with Section 397 IPC.
Benefit of Section 428 Cr.P.C was also extended to the appellant.
Ms. Nandita Rao, ld. Legal Aid Counsel appearing on behalf of the appellant submitted that on 07.06.2008 on receipt of DD no. 26, at PS on receipt of DD No. 26 at PS-Adarsh Nagar, ASI Gopi Ram along with Ct. Baljeet reached at the spot i.e. at main Road, Near Shastri Market, Azad Pur, Delhi where they met complainant Shiv Prasad, Ct. Bajrang, Ct. Tejpal and appellant Ejaj @ Raju @ Kana. Ct. Bajrang produced one buttondar knife and blade recovered from possession of appellant Ejaj.
(3.)THEREAFTER, ASI Gopi Ram recorded the statement of complainant Shiv Prasad, wherein he stated that he was working in a Printing Press at Patparganj, Delhi. On that day, he come back to Azadpur from Anand Vihar, by bus and when after crossing the road, he reached near Shastri Market at about 10.30 PM to 10.45 PM, a boy came to him and enquire about the way to Azadur. While he was telling the way, 3-4 boys also came there and caught hold of him. One of them took out a knife and threatened to kill him and took out Rs.2,000/- from the pocket of his shirt. THEREAFTER they left him. He raised alarm and public persons caught hold one boy and started giving beatings to him. In the meantime, two police constables came there accordingly, public persons handed over that apprehended boy to police.
On enquiry his name was revealed as Ejaj @ Raju @ Kana (appellant herein) and while the appellant was being handed over the police officials, he inflicted injuries upon himself with a blade. Police officials prevented him from doing so and made a call at no. 100.
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