HARISH KUMAR @ PINTU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant- Harish Kumar @ Pintu S/o Bedi Ram challenges judgment dated 16.08.2010 in Sessions Case No.89/2008 arising out of FIR No. 194/2004 PS Shahdara, by which, he and his associates were convicted and sentenced. The appellant was held guilty for committing offences punishable under Sections 392/394/411/34 IPC. Vide order dated 19.08.2010, he was sentenced to undergo RI for ten years under Section 394/34 IPC with fine Rs. 3,000/-.

(2.) Allegations against the appellant were that on the night intervening 09/10.06.2004 at 12.30 A.M. near Hanuman Mandir, Shahdara, he and his associates Sanjay, Rohtash and Deepak S/o Babu Lal and Deepak Kumar @ Deepu robbed TSR driver- Krishan Dev Pathak of cash Rs. 5,200/-, mobile phone, office key and I- card. They also caused injuries to him with knife while committing robbery. The prosecution examined fourteen witnesses to substantiate the charges. In their 313 Cr.P.C. statements, the accused pleaded false implication. The Trial Court by the impugned judgment held the appellant guilty for the offences described previously and sentenced him. Being aggrieved, the present appeal has been preferred.

(3.) During the course of arguments, learned counsel for the appellant Mr.K.Singhal, Advocate, on getting instructions from the appellant stated that the appellant has opted not to challenge his conviction under Section 394/34 IPC. He however, prays to take lenient view and reduce the substantive sentence from RI for ten years to RI for six years.