OM PRAKASH Vs. STATE

JUDGEMENT

(1.) THE appellant ­ Om Prakash questions the legality of a judgment dated 05.02.2011 of learned Additional Sessions Judge in Sessions Case No. 11/10 arising out of FIR No. 84/09 PS Mahendra Park by which he was convicted under Section 392/34 IPC read with Section 397 IPC and sentenced to undergo RI for seven years with fine Rs. 5,000/ -.

(2.) BRIEFLY stated, prosecution case as projected in the charge - sheet was that on 11.12.2009 at about 6.45 pm, the appellant and his associates Sachin and Vijay (not arrested) in furtherance of common intention robbed Monu of his three mobile phones and cash Rs. 514/ - at knife / blade point. Thereafter, at 7.40 pm they robbed complainant, Gyan Chand, of a mobile phone, cash Rs.240/ - and one pocket diary. Vijay could not be arrested. Charge -sheet was submitted against Sachin and Om Prakash for committing offence under Sections 392/397/411/34 IPC. The trial resulted in the appellant's conviction under Sections 392/34 IPC read with Section 397 IPC whereas Sachin was held guilty under Sections 392/34 IPC.

(3.) NOMINAL roll dated 23.04.2013 reveals that the appellant has undergone three years, four months and eighteen days incarceration besides remission for eight months and twenty -six days as on 30.04.2013. It further reveals that he has no criminal antecedents and is a first time offender. His overall jail conduct is satisfactory. Considering all these circumstances, the period already undergone by the appellant in custody is taken as substantive sentence under Section 392 IPC. The appellant shall be released forthwith if not required to be detained in any other case.