DEEPAK KUMAR @ DEEPU Vs. STATE

JUDGEMENT

(1.) THE appellant- Deepak Kumar @ Deepu S/o Bharat Singh 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/- and RI for three years under Section 411 IPC.

(2.) ALLEGATIONS against the appellant were that on the night intervening 09/10.06.2004 at 12.30 A.M. near Hanuman Mandir, Shahdara, the appellant and his associates Sanjay, Harish Kumar @ Pintu, Rohtash and Deepak S/o Babu Lal 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 Trail 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.) I have considered the submissions of the parties and have examined the Trial Court record. Since the appellant has not opted to challenge the findings of the Trial Court on conviction under Sections 394/411/34 IPC, order of conviction of the Trial Court stands affirmed.