VIKAS Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order on sentence dated 20.02.2013 and 28.02.2013 respectively wherein the appellant stood convicted under Section 392 read with Section 397 of the IPC. He had been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 2,000/ - and in default of payment of fine, to undergo SI for 15 days. Benefit of Section 428 of the Cr.PC had been granted to the appellant.

(2.) NOMINAL roll of the appellant reflects that as on 28.08.2015, he has undergone incarceration of 3 years and 10 months.

(3.) APART from the testimony of PW -3, the statement of HC Narayan (PW -4) and constable Monu (PW -6) was also recorded. They were on patrol duty and they were the persons who had apprehended the accused persons. Investigation was marked to SI Pawan Kumar (PW -7) who was accompanied by constable Amit (PW -2). PW -7 had deposed that the accused persons were already apprehended by PW -4 & PW -6 when he reached the spot along with PW -2. A knife having two blades was recovered from the appellant and from the other accused, the mobile phone and purse containing Rs. 250/ - were recovered. These articles were taken into possession vide separate memos. Site plan (Ex.PW -7/B) was prepared. The accused persons were arrested after their personal search had been conducted; the knife which was the subject matter of the offence was also sketched and taken into possession vide memo Ex. PW -6/A; it had a length of 35 cms; it was double bladed; one blade measured 14.4 cms and the second blade measured 9.8 cms.