RAVINDER KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal and Cr. Appeal No. 68/89, Rajesh & Pahari v. Slate have arisen out of the same judgement passed by the Addl. Sessions Judge on 21.12.1987, and therefore, I dispose of both these appeals by this common judgment.

(2.) In brief the facts giving rise to these appeals are that on 4.3.85, at about 11.15 p.m. Zaidavar, hereinafter referred to as the complainant, was going to bus stand of Plaza cinema via Panchkuin Road. When he was 15 to 20 steps ahead from the crossing of outer road of Connaught Circus and Panchkuin Road the appellants apprehended him. They were armed with knives and they threatened and robed the complainant of Rs. 25.00 which he was having in his pocket wrapped in a pay slip, and a wrist watch. He raised an alarm and a police bead constable and some public persons reached there and they chased the appellants. One of the appellants, Rajesh & Pahari succeeded in running away. whereas Ravinder Kumar was apprehended on the spot and from his possession currency notes of Rs. 25.00 (PI and P2) and one knife (P3) were recovered. However, the wrist watch was not recovered. The prosecution version, further goes to say that in the process of committing robbery hurt was caused to the complaint on his thigh. The appellant Ravinder Kumar was arrested and was taken to the police station, whereas Shri Rajesh & Pahari was arrested later on the basis of disclosure statement allegedly made by him in another case. Nothing was recovered at his instance. Both these appellants were prosecuted and tried for offence punishable under Section 394/34 and under Section 397 IPC. Mr. Ravinder Kumar was also tried under Section 27 of the Arms Act.

(3.) The trial Court after appreciating documentary as well as oral evidence found both the appellants guilty of offence under' Sections 394/34 read with Section 397 IPC. Ravinder Kumar appellant was also found guilty of offence under Section 27 of the Arms Act. After giving an opportunity of hearing the trial Court sentenced both the appellants to under go R1 for seven years under Section 394/34 read with Section 397 IPC. Ravinder was also sentenced to undergo Rl for three years under Section 27 of the Arms Act. However, both the sentences of Ravinder were ordered to run concurrently.