RAVINDER KUMAR THAKUR Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Ravinder Kumar Thakur against the judgment dated 19.12.2006 and order on sentence dated 21.12.2006 of learned Sessions Judge by which he was convicted for committing offence punishable under Section 392/394/34 IPC read with Section 397 IPC and sentenced to undergo rigorous imprisonment for five years each under Section 392/394 IPC and rigorous imprisonment for seven years under Section 397 IPC.

(2.) Allegations against the appellant were that on 17.09.2004 at about 11:50 P.M. at House No.1-E, Northern Road, Civil Lines, Delhi, he along with co-convict Arjun Mandal committed robbery and caused injuries to Smt.Anita Mukeem and fled away with robbed jewellery. The prosecution examined 14 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C. and he pleaded false implication. After appreciating the evidence and rival contentions of the parties the appellant and co-convict Arjun Mandal were sentenced as mentioned previously.

(3.) During the course of arguments, the learned counsel for the appellant, on instructions, stated that the appellant was not challenging the findings of the Trial Court on conviction under Section 392/394 IPC. He, however, argued that no offence under Section 397 IPC was proved against the appellant as he was not armed with any deadly weapon.