DEEPU DASS @ BENGALI Vs. STATE

JUDGEMENT

(1.) THE present appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 26th August, 2013 passed by Addl. Sessions Judge, Tis Hazari Courts, Delhi, in Sessions Case No.67/2012, pertaining to FIR No.120/2012, PS Kotwali, whereby the appellant was held convicted under Section 392/34 IPC and vide order on sentence dated 31st August, 2013 was imposed the sentence of rigorous imprisonment for three years and to pay a fine of Rs.10,000/ - and in default of payment of fine, further simple imprisonment for three months for the offence punishable under Section 392/34 IPC.

(2.) BRIEF facts are that the petitioner along with co -accused in furtherance of their common intention used the knife while committing the robbery of mobile phone and cash Rs.240/ - of Munna Lal (complainant) on 12th May, 2012 at about 8.15 p.m. in the Shochalya in front of Rain Basera, Fuwahara Chowk, Delhi. The FIR was recorded on the statement of Munna Lal and the petitioner and his co -accused were arrested. On completion of the investigation, they were charge -sheeted. Five witnesses were examined by the prosecution in support of its case.

(3.) IN the statement recorded under Section 313 Cr.P.C., the petitioner denied his involvement in the present case and submitted that he has been falsely implicated in the present case and no mobile phone was recovered from his possession. However, he has failed to produce any witness in his defence.