SHAHJAD Vs. STATE

JUDGEMENT

(1.) VIDE judgment dated 29th March, 2011, trial court has convicted the appellant under Sections 392/397 IPC and under Sections 25/27 of the Arms Act. Vide order on sentence dated 29th March, 2011, appellant has been sentenced to undergo rigorous imprisonment for three years with fine of Rs. 1000/ - for the offence punishable under Section 392/34 IPC; sentenced to undergo seven years rigorous imprisonment with fine of Rs. 1000/ - for the offence punishable under Section 397 IPC and rigorous imprisonment for one year with fine of Rs. 1000/ - for the offence punishable under Section 25 of the Arms Act. All the sentences have been directed to run concurrently. Benefit of Section 428 Cr.P.C. has also given to appellant. Aggrieved by his conviction as also the sentences awarded to him, appellant has preferred this appeal.

(2.) PROSECUTION story, as unfolded is that Smt. Shashi (PW5) was going to Kanhiya Nagar Market along with her daughter Ms. Shalu (PW6) and when they reached near Haryana Canal, appellant along with his accomplices Channa Swami and Raj Kumar @ Sonu intercepted them; Appellant took out a knife and kept it on the abdomen of Smt. Shashi while his accomplices snatched gold chain and ear rings from her. After robbing them, appellant and his accomplices started running towards E -Block. Smt. Shashi along with her daughter chased them. ASI Daya Kishan, who was coming along with Head Const. Madan Lal from the opposite direction, apprehended the appellant with an open knife in his hand. Name of appellant was disclosed after his apprehension.

(3.) CHANNA Swami and Raj Kumar @ Sonu were apprehended subsequently. They refused to participate in TIP.