RAVINDER Vs. STATE

JUDGEMENT

(1.) ON 05.05.2007 at about 10.10 pm, Police Station Kalyan Puri was informed that a person had been stabbed by 4 -5 persons near Chand Cinema and had been robbed of his cash and mobile phone. The information was recorded vide DD No.29B and a copy of the said DD was given to Head Constable Rakesh Kumar for investigation. When he reached the spot, he came to know that the injured had been taken by PCR van to LBSH hospital. When he reached the hospital, the injured Pramod was found admitted there. The injured told the aforesaid police officer that on that date, at about 10 am, he was waiting for the bus at Chand Cinema bus stand, when 3 -4 boys aged about 20 -25 years, all of a sudden surrendered him. One of them gave a blow with a sharp object on his neck whereas the other one removed his purse. Thereafter those persons ran away through the park. The purse contained cash as well as identity card of the complainant. The complainant also found his mobile phone bearing number 9313532070 to be missing. He suspected that the aforesaid boys had also taken away his mobile phone.

(2.) THE appellant - Ravinder was arrested in a case registered vide FIR No.340/2007 of Police Station Kalyan Puri under Section 27 of Arms Act and during interrogation, he confessed to his involvement in the above referred incident. On the basis of disclosure statement made by him, three other persons namely Sukudev Singh, Anuj and Bunty Singh were arrested. The appellant - Ravinder was identified in TIP held during investigation.

(3.) VIDE impugned judgment dated 26.07.2010, all the four accused persons were convicted. The appellant before this Court was convicted under Section 394 and 397 of IPC. Vide impugned order on sentence dated 30.07.2010, he was sentenced to RI for three years and to pay a fine of Rs.5,000/ - under Section 394 of Indian Penal Code. He was further sentenced to undergo RI for seven years and to pay a fine of Rs.5,000/ - or to undergo SI for six months in default of payment of fine under Section 397 of the Code. Being aggrieved from the conviction and the sentence awarded to him, the appellant is before this Court by way of this appeal.