TOFIQ AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) Appellants-Tofiq, Tanveer and Mohd.Afsar @ Kallu challenge judgment dated 29.10.2010 in Sessions Case No.102/2009 arising out of FIR No.696/2007 registered at Police Station Hazrat Nizamuddin by which they were held guilty for committing offence punishable under Section 394 IPC and sentenced to undergo RI for four years with fine of Rs. 2,000/- each.

(2.) Allegations against the appellants were that on 20.12.2007 at 06.15 P.M., Mohan Lal Sharma was going to Nizamuddin Railway Station after crossing Lala Lajpat Rai Marg after attending his office situated at C.G.O.Complex Office New Delhi. When he reached near the drain (Ganda Nala), Tofiq pushed him as a result of which Mohan Lal Sharma fell down. Mohd. Afsar @ Kallu and Tanvir caught hold of him and attempted to snatch black bag containing Rs. 400/- and some documents.

(3.) During the course of arguments, the learned counsel for the appellants, on instructions, stated that they have opted not to challenge the findings on conviction under Section 394/34 IPC. He, however, prayed to take lenient view as the appellants have already undergone substantial period of sentence awarded to them.