PRAMOD KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Appellant has been convicted under Section 393 IPC read with Section 398 Indian Penal Code, 1880 ("IPC", for short) as also under Section 25 of the Arms Act, 1959 (for short hereinafter referred to as the Act?) by the trial court and has been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment of two months under Section 393 IPC read with Section 398 IPC; Sentenced to undergo rigorous imprisonment for 3 years with a fine of Rs. 300/- and default of payment of fine to undergo simple imprisonment for one month under Section 25 of the Act. All the sentences have been directed to run concurrently. Benefit of Section 428 Cr.P.C. has also been given to the appellant.

(2.) Aggrieved by his conviction as also the quantum of sentence handed down to him by the trial court, appellant has preferred this Appeal.

(3.) In brief, prosecution case as unfolded is that on 5 th September, 2008 at about 9.30 a.m., appellant took out mobile phone from the pocket of PW-2, Radhey Shyam, while travelling in a DTC bus near C-Lal Chowk, PW-2 caught hold of the hand of appellant when appellant took out a knife his pant?s pocket from his right hand. At that stage, with the help of a co-passenger PW-3 Rajesh Maurya, knife was snatched and appellant was apprehended by the public persons who also gave beatings to him. On search of the appellant one Giraridar knife was also recovered. Police was informed and the appellant was handed over to police. Thereafter, Investigating Officer prepared the sketch of knives and sealed them in a pullanda.