- (1.)This appeal is preferred by the appellant Wasim @ Pahari who has been convicted by learned Additional Sessions Judge in Sessions Case No. 124/2008 arising out of FIR No. 276/2008, PS Welcome for offence under Section 392/394/397 IPC vide impugned order dated 10th March, 2011 and sentenced as under vide order on sentence dated 15th March, 2011: (i) rigorous imprisonment for seven years for offence under Section 394 IPC and fine of Rs.3000/-, in default of payment of fine to undergo simple imprisonment for six months, (ii) seven years rigorous imprisonment for offence under Section 392 IPC and fine of Rs.3000/- in default of payment of fine to undergo SI for six months and (iii) seven years rigorous imprisonment for offence under Section 397 IPC. Benefit of Section 428 Cr.P.C was given. All the sentences were to run concurrently.
(2.)The facts leading to this appeal, briefly stated, are that on receipt of DD No. 28A, Ex.PW8/A regarding assault to a boy at Kabir Nagar, 33 Foota Road and he is being taken to G.T.B. hospital Head Constable Birender (PW1) along with Constable Chaman (PW4) reached 33 ft. Road, Gali No. 1, Kabir Nagar where they came to know that injured had been shifted to hospital. As such, they reached hospital where PW-2 Mehraj met them while his brother PW3 Vikar @ Vicky was getting treatment. He recorded statement of Mehraj, Ex.PW2/A wherein he unfolded that on 26th July, 2008 at about 11:00 pm, he along with his brother Vikar @ Vicky was returning back to his tenanted room after finishing the work in the factory. His brother Vikar @ Vicky was ahead of him. When they took a turn towards their street, then one person stopped his brother and tried to remove money from his pocket. When his brother protested, then that person inflicted some pointed object on left portion of his face. As a result of which, blood started oozing out. In the meantime, he reached near his brother and caught his brother who was about to fall on the ground. That person removed Rs.5000/- from the upper pocket of his brother. While he was managing his brother, then he saw that, that person was resident of Gali No.1, named as Wasim @ Pahari, S/o Zamir, who had inflicted injuries on his brother by some pointed object and had robbed him of money. He removed his brother to GTB Hospital where he was receiving treatment and was not in a position to make a statement. On the basis of this statement, Rukka, Ex.PW-1/A was prepared and was sent to Police Station for registration of the case on the basis of which, FIR Ex.PW8/B was recorded by ASI Vijay Kumar (PW8).
(3.)It is further the case of prosecution that on 27th July, 2008, accused was apprehended at Kabir Nagar Shamshan Ghat Pulia on the identification of Mehraj. He was arrested and his personal search was conducted vide memo Ex.PW1/C. The accused made a disclosure statement Ex.PW1/D pursuant to which one "ustra' was recovered from the side of wall of nala. Sketch of the "ustra', Ex.PW1/E was prepared and it was taken possession vide memo Ex.PW1/F. During the course of investigation, blood stained shirt of injured Vikar @ Vicky was seized vide seizure memo Ex.PW1/G. The accused pointed out the place of incident vide Ex.PW1/G-1. During search of accused, Rs.2,200/- in cash out of robbed amount of Rs.5000/- was recovered which were seized vide memo Ex.PW1/H. After completing investigation, charge sheet was submitted against the accused.