PAWAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 04th July, 2018 passed by the District & Sessions Judge, North East District, Karkardooma Courts, Delhi whereby the appellant alongwith co-accused Pappu has been convicted under Section 394/34 IPC and the appellant has been additionally convicted U/s 397 IPC. The appellant is sentenced to undergo rigorous imprisonment for a period of 2 years with fine of Rs. 2000/- for the offence under Section 394/34 IPC and in default of payment of fine to undergo simple imprisonment for three months. The appellant is further sentenced to undergo rigorous imprisonment for a period of 7 years for the offence under Section 397 IPC. Both the sentences have been directed to run concurrently.

(2.) In brief, the facts of the case are that on the intervening night of 27/28 September, 2013 at around 12 midnight, present appellant alongwith his coaccused Pappu and another unknown co-accused committed robbery of Rs. 14,700/- from complainant Sheoraj who was present at bus stand Welcome. According to the prosecution, the appellant has caused knife injury to Sheoraj and one Harbir, when they tried to nab the accused persons when they were trying to flee from the spot after committing dacoity.

(3.) During the course of investigation, appellant and his co-accused Pappu were arrested and after the completion of investigation, charge sheet was filed against the appellant and his co-accused Pappu. In the instant case, the appellant and his co-accused Pappu have been charged U/s 394/34 IPC and the appellant has also been charged U/s 397 IPC and U/s 25/27 of the Arms Act.