(1.) APPELLANTS have been convicted by the trial court under Sections 392/34 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo rigorous imprisonment for four years with fine of Rs. 2,000/ - each and in default of payment of fine, simple imprisonment for two months each. Benefit of period already undergone by them during the trial under Section 428 Cr.P.C. has also been extended to them. Aggrieved by their conviction as also the sentences, appellants have preferred the above noted appeals.
(2.) PROSECUTION story as unfolded is that on 15th June, 2005 at about 5 PM appellants boarded an auto rickshaw bearing registration no. DL1 -RH -0743, driven by the complainant Vipin Kumar Sharma and asked him to take them to old Delhi Railway Station. On the way, they asked the complainant to stop auto rickshaw and robbed Rs. 230/ - from him at the point of knife and thereafter, ran away. Appellants were apprehended on 16th June, 2005. TIP was not got conducted. Knife was also not recovered from them.
(3.) APPELLANTS were sent up to face trial by filing a charge -sheet in the Court of Metropolitan Magistrate under Sections 392/397/342/411/34 IPC. Case was committed to the Sessions Court since offence under Section 397 IPC is exclusively triable by the Sessions Court. On 26th November, 2005 trial court framed charges under Sections 392/342/34 IPC against the appellant Shamsher Ali and charges under Sections 392/397/342/34 against the appellant Asgar. Appellants pleaded not guilty to the charges framed against them and claimed trial.