Criminal Appeal 298/2002 Page 1 of 9

$~33-35

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.A. 298/2002

%

Judgment reserved on 6^th December, 2012

Judgement delivered on 7^th January, 2013

RAMESH

..... Appellant

Through:

Mr. A.J. Bhambhani and Ms.

Nisha

Bhambhani,

Advs.

along

with

appellant

in

person.

Versus

THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent

Through:

Ms. Fizani Hussain, APP

with SI Prem Singh, P.S.

Malviya Nagar.

AND

+

CRL.A. 362/2002

RAJ KUMAR

..... Appellant

Through:

Mr. A.J. Bhambhani and Ms.

Nisha

Bhambhani,

Advs.

along

with

appellant

in

person.

versus

THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent

Through:

Ms. Fizani Hussain, APP

with SI Prem Singh, P.S.

Malviya Nagar.

2013:DHC:107

Criminal Appeal 298/2002 Page 2 of 9

AND

+

CRL.A. 423/2003

VIJAY PAL

..... Appellant

Through:

Mr. A.J. Bhambhani and Ms.

Nisha

Bhambhani,

Advs.

along

with

appellant

in

person.

Versus

THE STATE (GOVT. OF NCT OF DELHI).... Respondent

Through:

Ms. Fizani Hussain, APP

with SI Prem Singh, P.S.

Malviya Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

A.K. PATHAK, J.

1. All the above mentioned three appeals are disposed of

together, since same arise out of the same incident, FIR and

judgment of trial court.

2. Appellants have been convicted under Sections 392/34 IPC.

Appellant Ramesh has also been convicted under Section 397 IPC.

3. Factual matrix, as unfolded from the record, is that the

complainant PW2 Satya Narain Singh was intercepted by the

2013:DHC:107

Criminal Appeal 298/2002 Page 3 of 9

appellants on 8^th April, 1992 at about 7:25 PM near the nursery at

Gitanjli Enclave while he was passing through that area on his

bicycle. Ramesh took out a knife and asked PW2 to handover all

his belongings to them. Vijay Pal and Raj Kumar grappled with

him. Finally, Raj Kumar snatched bicycle make Atlas, Vijay pal

snatched wrist watch make HMT and Ramesh removed Rs.200/-

from the pocket of PW2. On hearing the alarm raised by PW2 few

police officials namely ASI Ramesh Dixit (PW5), Constable Brij

Pal (PW4), SI Vijender Singh (PW3) and Constable Mool Chand,

who were present in the nearby police picket, arrived there. PW5

SI Ramesh Dixit with the help of Constable Mool Chand

apprehended Raj Kumar; PW3 SI Vijender Singh with the help of

PW4 Constable Brij Pal apprehended Ramesh and PW2 Satya

Narain Singh had apprehended Vijay Pal and handed over him to

the police officials.

4. Appellants were searched. From the possession of Ramesh a

buttondar knife and Rs.200/- were recovered; from Vijay Pal one

wrist watch make HMT and from Raj Kumar one cycle make Atlas

was recovered. Statement of PW2 Satya Narain Singh was

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Criminal Appeal 298/2002 Page 4 of 9

recorded at the spot by PW5 SI Ramesh Dixit, who prepared rukka

and sent the same to Police Station Malviya Nagar for registration

of FIR per hand Constable Mool Chand, pursuant whereof FIR No.

169/1992 under Sections 392/34 IPC was registered at Police

Station Malviya Nagar.

5. Thereafter, appellants were arrested. Seizure memos were

prepared which were signed by PW2 and Constable Mool Chand.

These proceedings were conducted at the spot.

6. After completion of investigation, charge-sheet was filed in

the court of Metropolitan Magistrate, who after completing the

formalities committed the case to Sessions Court, since offence

under Section 397 IPC is exclusively triable by the Sessions Judge.

7. Charges under Sections 392/34 IPC were framed against al