RAJENDER YADAV Vs. STATE

JUDGEMENT

(1.) Rajender Yadav (the appellant) impugns a judgment dated 15.04.2011 of learned Additional Sessions Judge in Sessions Case No. 66/2001 arising out of FIR No. 86/2010 PS Swaroop Nagar by which he was convicted under Section 392 IPC read with Section 397 IPC. By an order dated 19.04.2011 he was sentenced to undergo RI for seven years with fine Rs. 1,000/-.

(2.) Allegations against the appellant were that on 07.07.2010 at 09.45 P.M. in Amrit Vihar Colony, 25 foota road, he and his associate (not arrested) robbed Ranjeet Pandey at the point of knife and deprived him of Rs. 1,100/-, mobile phone and I-card. The appellant was arrested at the spot after some chase. Daily Diary (DD) No. 60B (Ex.PW-1/A) was recorded at 10.08 P.M. at PS Swaroop Nagar on getting information that a thief had been caught at the spot. The investigation was marked to HC Dharambir who with Const.B.K.Parthey went to the spot. Rajender Yadav was produced by the complainant and from his possession Rs. 300 and a knife were recovered. The Investigating Officer lodged First Information Report after recording complainant's statement (Ex.PW-2/A). During the course of investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed in the Court against the appellant. The prosecution examined seven witnesses. In his 313 statement, the appellant pleaded false implication.

(3.) During the course of arguments, appellant's counsel urged that the prosecution could not establish that any deadly weapon was used by the appellant while committing robbery. In his 313 statement, no question was put to him about the use of knife. On appellant's instructions she stated at Bar that he has opted not to challenge his conviction under Section 392 IPC and accepts it voluntarily.