ANIL KUMAR Vs. STATE (NCT) OF DELHI)

JUDGEMENT

(1.) The present appeal has been instituted under Sec. 374 Cr.P.C. against the impugned judgment of conviction dtd. 5/9/2002 and order on sentence dtd. 7/9/2002 passed by the Sessions Court in Sessions Case No.56/1998 arising out of FIR No.285/1997 under Ss. 392/397 IPC and FIR No.286/1997 under Ss. 25/54/59 Arms Act both registered at P.S. Bara Hindu Rao, Delhi. Vide the aforesaid judgement and order on sentence, the appellant was convicted for the offence punishable under Ss. 392/397 IPC and was sentenced to rigorous imprisonment for a period of seven years and to a fine of Rs.100.00. In default of payment of fine, the appellant was directed to undergo simple imprisonment of three months. The appellant was also convicted for the offence under Sec. 25 of the Arms Act and was sentenced to rigorous imprisonment for one year. Benefit of Sec. 428 Cr.P.C was given and the said sentences were directed to run concurrently.

(2.) After completion of investigation, the challan came to be filed against the present appellant only, as his accomplice could not be arrested. The prosecution cited and examined six witnesses in support of its case. The appellant pleaded not guilty and claimed trial.

(3.) The facts, as found recorded in the impugned judgment are as under:-