ISHPAL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellant Ishpal Singh Ishwar was convicted under Section 411 Indian Penal Code in case F.I.R. No. 219 of 1981 of Police Station Mehrauli by Shri J. D. Kapoor, Additional Sessions Judge, New Delhi vide his judgment dated 76-10-1983 and was sentenced to undergo R.I. for a period of six months and also to pay a fine in the sum of Rs. 200/- and in default of payment of fine to undergo further RI. for two months vide order dated 27-10.1983 and both these orders of conviction and sentence have been assailed in this appeal.

(2.) The appellant as also one other person named Rohtas Singh had been committed to the court of session for trial for the offences punishable under Section 392 read with Section 34 and Section 397 Indian Penal Code. Accused Rohtas Singh was discharged by the court of session while appellant was charged for the offence punishable under Section 397 Indian Penal Code for having committed robbery of a two-wheeler scooter and a purse containing a cash amount of Rs. 25/- belonging to one Satish Kumar, at the point of knife.

(3.) The case of the prosecution, stated in brief, is that on 31-7-1981 at about 8-45 P.M. Satish Kumar was going on a two-wheeler scooter belonging to his brother Naresh Kumar towards Mehrauli and when he was between Saidlajab and Lade Sarai on a pulia, three persons coming on a two-wheeler scooter from behind struck against his scooter as a result of which Satish Kumar fell down on the ground along with his scooter.