BANTI Vs. STATE

JUDGEMENT

(1.) The appellant-Banti impugns judgment dated 18.11.2010 in Sessions Case No.46/2009 arising out of FIR No.302/2008 under Section 392/394/397/411/34 IPC registered at Police Station Adarsh Nagar by which he was held guilty for committing offence punishable under Section 394/34 IPC and under Section 397 IPC read with Section 27 Arms Act. By an order dated 19.11.2010, he was sentenced to undergo rigorous imprisonment for seven years with total fine Rs. 5,000/-.

(2.) Allegations against the appellant were that on 5.12.2008 at about 07.30 A.M. near Petrol Pump, Mukandpur Road, Jal Board Ground, he and Vicky (Convicted under Section 392 IPC) in furtherance of their common intention robbed Tata Mobile Phone and Rs. 130/- from Shashi Kant Sharma. The appellant was armed with a buttondar knife and in the process of committing robbery, Shashi Kant Sharma was injured. The prosecution examined 11 witnesses to prove the charges. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment held both Banti and Vicky perpetrators of the crime. Being aggrieved, Banti has preferred the appeal.

(3.) The police machinery came into motion when DD No.32A (Ex.PW-5/A) was recorded at police station Adarsh Nagar at 07.50 P.M. on 05.12.2008 to the effect that two boys had robbed Shashi Kant Sharma at petrol pump and they have been apprehended. The investigation was assigned to SI Mohd.Swaley who with Head Constable Laxmi Narain went to the spot and met PW-3 (ASI Hari Ram) Incharge, Commander 36 of PCR. He handed over custody of both Banti and Vicky to the Investigating Officer. He also produced the mobile, cash Rs. 130/- and one buttondar knife recovered from Banti's possession. Prosecution's case is that PCR officials were present at Mukundpur-Azadpur Road and one Ravinder Pal informed them about the incident.