CHATTAR PAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Appellant has been convicted under Sections 392/394/397/34 IPC by the trial court and sentenced to undergo rigorous imprisonment for a period of 7 years with fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for a period of six months under Section 394/34 IPC read with Section 397 IPC. Benefit of Section 428 Cr.P.C. has been given to the appellant.

(2.) Aggrieved by his conviction and also the sentence awarded to him, appellant has preferred this appeal.

(3.) During the course of hearing, learned counsel for the appellant has given up challenge to the conviction under Sections 392/394 IPC. However, he has challenged the conviction of appellant under Section 397 IPC. It is contended that prosecution has failed to prove that appellant had used any 'deadly weapon' while committing the robbery, inasmuch as, alleged iron rod was not recovered from him, thus, ingredients of offence under Section 397 IPC are not attracted in this case.