Crl.App. 563/2009

Page 1 of 9

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

Crl.App. 563/2009

Date of Reserve : 05.10.2009.

Date of Decision: 09.10.2009

BALMIKI MANDAL @ CHUNNU

....Appellant

Through: Mr. Sumeet Verma, amicus curiae

VERSUS

STATE (NCT OF DELHI)

..... Respondent

Through: Mr. Navin Sharma, APP for state

CORAM:

HON'BLE MR. JUSTICE MOOL CHAND GARG

1. Whether the Reporters of local papers may be allowed

Yes

to see the judgment?

2.

To be referred to Reporter or not?

Yes

3. Whether the judgment should be reported in the Digest?

Yes

MOOL CHAND GARG,J

Crl.M.A.8972/2007 (for condonation of delay)

For the reasons stated in the application, delay is condoned.

Application stands disposed of.

Crl.App. 563/2009

1. This order shall dispose of the aforesaid appeal filed against the

judgment of conviction and order of sentence dated 16.04.2009

passed by the Additional Sessions Judge, Delhi in S.C. No. 303/2006

arising out of FIR No. 96/2006 under Sections 392/397 IPC r/w Sections

27/54/59 of the Arms Act registered at P.S. Shalimar Bagh. By the

impugned judgment, the appellant has been held guilty for the offence

2009:DHC:4196

Crl.App. 563/2009

Page 2 of 9

under Section 392 r/w Section 397 IPC and vide order of sentence he

has been sentenced to undergo R.I for 7 years and also to pay a fine of

Rs.200/- and in default of payment of fine to further undergo S.I. for 7

days under Section 397 IPC. No separate punishment was awarded to

the appellant under section 392 IPC. Benefit of Section 428 of Cr.P.C.

has also been extended to the appellant.

2. Briefly stating, the facts of this case are that on 11.02.2006

complainant, Manoj Kumar (PW3), was going to Wazir Pur on Motor

Cycle No. DL 8SW 9666 via Fatak No. 7, Kela Godown Road carrying

Rs.35000/- in a black colour bag. He also had some money in his

pocket. At about 8.30 pm when he reached near Kela Godown and got

down from the motor cycle to urinate, three boys came there and

started beating him. One of the boys pointed knife towards him and

asked him to hand over whatever he had. His co-accused snatched the

bag from him and removed the purse from his pant pocket and the boy

who was having knife stabbed on his abdomen. He shouted “Bachao –

Bachao” and also caught hold of the leg of the boy who stabbed him.

On hearing the shout of the complainant, the police reached at the

spot and apprehended the boy (appellant herein), who was carrying

the knife. However, other two boys succeeded in fleeing away from the

spot. It was then the complainant/injured Manoj Kumar was removed to

the hospital and the appellant was arrested in this case after

registering the FIR on the statement of Manoj Kumar vide Ex. PW3/DA

on 15.02.06 to the following effect;

“Bayan kiya ki mein pata uprokt pe apne mata pita ke sath rehta

hoon. Tatha padhai karne ke baad ab apne pit ke sath ik vyavasaye mein

hath badhata hoon. Dinak 11.02.2006 ko mein samay karib 9 sava 9 baje

raat ghar se 35,000/-(pentis hazar rupaye) apne Eko ke driver va

workeron ko kharcha den eke liye ek kale bag mein rakhkar apne kandhey

2009:DHC:4196

Crl.App. 563/2009

Page 3 of 9

va gale mein lagakar apni motorcycle libro YAMAHA No. DL8S w 9666 par

bethkar vazirpur ke liye barista fatak no. 7 kela godam road se jaa raha

tha us vakt kela godam par kafi andhera tha meri jeb pant ki pichli jeb

mein mera purse jisme karib 400/500 ruapye va kuch card vagarah bhi

the. Jab kela godam road ke antim choe pe pahunchne val tha ki mujhe

peshab laga maine apni motorcycle uporokt khattey ke thoda pehle khadi

ki tatha khatta ki sath wali jagah par khada hokar peshab karne laga.

Paiso ka bag maine gale va kandhey ke beech mein daal rakha tha. Mein

peshab puri tarah kar bhi nahin paya tha ki ¾ ladko ne achanak peeche

se hamla kar diya tatha dhamkane lage ki jaldi se jot ere pass hein nikal.

Mein kuch samajh pata ussse