DHARMBIR ALIAS DHARMA Vs. STATE

JUDGEMENT

(1.) BY these appeals the Appellants lay a challenge to the judgment of conviction and order on sentence dated 21st and 22nd December, 2009 respectively passed by the Learned Additional Sessions Judge.

(2.) APPELLANT Dharambir has been convicted and sentenced to Rigorous Imprisonment for 5 years and fine of Rs. 2,000/- for the offence punishable under Section 392 IPC in default of payment of fine to further undergo Rigorous Imprisonment for 1 year; Rigorous Imprisonment for 2 years and fine of Rs. 1,000/- for the offence punishable under Section 324 IPC in default of payment of fine to further undergo Rigorous Imprisonment for 6 months; Rigorous Imprisonment for 1 month and fine of Rs. 500/- for the offence punishable under Section 341 IPC and in default of payment of fine to further undergo Simple Imprisonment for 1 month.

(3.) LEARNED APP on the other hand contends that a perusal of the testimony of PW2 Abdul Wahid shows that the Appellant Shashi used a sharp weapon while committing robbery. This version of PW1 and PW2 is corroborated by the MLC, though PW1 has turned hostile as far as the identity is concerned. However, he has supported the entire prosecution case. As per the MLC the nature of injury was found to be simple caused by sharp object and thus, there is no infirmity in the judgment convicting the Appellants for offences under Section 341/324 IPC.