RAJIV Vs. STATE

JUDGEMENT

(1.) On 26.4.1999, on receipt of copy of DD No.25, S.I. Manoj Kumar of Police Station Saraswati Vihar reached F-304, Rashmi Apartment where the statement of the complainant Sushil Agarwal was recorded by him. The complainant told him that on the aforesaid date at about 11:15 a.m., he withdrew Rs.9.55 lakh from Bank of Punjab, Sector-8, Rohini. Out of the aforesaid amount of Rs.9.55 lakh, Rs.65,000/- were paid by him to one Naresh Jain and out of the remaining amount Rs.8.00 lakh were kept by him in a parachute bag of yellow colour which he handed over to his employee Babu Lal. The balance amount of Rs.90,000/- were kept by him in a canvas bag, which he hung on the handle of his scooter. Thereafter both of them were going on the scooter being driven by him. On the Outer Ring Road in front of Section 8, Rohini, on crossing half of the road, he had to stop his scooter, as traffic was coming on the road from the other side. In the meanwhile, a white colour Maruti car bearing No.DL1C D 1652 came from behind and two boys got out of the said car. One of the boys was tall and slim, whereas the other boy was rather short and well-built. The slim boy put a country made pistol on his neck, whereas the other boy started snatching bag from Babu Lal. When he resisted, that boy put a country made pistol on the temple of Babu Lal. Both the bags were snatched from them and thereafter they boarded the vehicle from which they had got down and sped towards Peera Garhi Chowk. He further stated that the aforesaid car was already in start position and he could feel that one or two other boys were sitting in it though he could not see properly on account of the glasses of the car being dark. He claimed that he could identify the boys if brought before him. He further stated that being scared, they went home and since his mother was not well, he did not share the incident in the house. In the evening, on the advise of the persons known to him he thought of reporting the incident and accordingly his brother Sunil informed Police Control Room in this regard. An FIR under Section 392/34 of IPC was registered on the aforesaid statement of Shri Sushil Agarwal.

(2.) On receipt of information regarding recovery of car No.DL1C D 1652, inquiry with respect to the owner of the aforesaid car was made and his statement was recorded. During investigation, the Investigating Officer (for short "IO") received information about the arrest of the appellant Rajiv under Section 41.1 of the Code of Criminal Procedure, 1908. After obtaining his production warrant, he was formally arrested in this case and attempt was made to get him identified in a TIP. The appellant Rajiv, however, refused to join TIP whereafter his police remand was obtained. This is also the case of the prosecution that the appellant Rajiv got recovered a country made pistol while in police custody.

(3.) As many as four persons were chargesheeted after completion of investigation. They were charged under Sections 392/397/34 of IPC. The appellant Rajiv was also charged under Section 25 of the Arms Act. The accused persons having pleaded not guilty, twenty-three (23) witnesses were examined by the prosecution. Three (3) witnesses were examined in defence.