MOHD TAHIR Vs. STATE OF DELHI

JUDGEMENT

(1.) By this appeal, Mohd. Tahir challenges the impugned judgment whereby he was convicted for offence punishable under section 394 read with section 397 of the Indian Penal code and also for an offence under section 394 read with section 34 of the code. He has also challenged the validity of the order of sentence passed on 12th April, 1985 whereby he was awarded 7 years rigorous imprisonment. His co-accused Mohd. Hanif who had also been similarly charged, however, was acquitted.

(2.) The appellant and his companion were arrested on 26th December, 1983. The incident is reported to have occurred at 12 a.m. on 23-12-1983. The complainant, Kaushal Jam, was alleged to have been given stab injuries by the two appellants and thereafter he was alleged to have been deprived of one Swiss watch, one diamond ring, a golden chain and a wallet containing some money and other papers.

(3.) The complainant after the incident went to the All India Institute of Medical Sciences for treatment of the knife injuries which he had received. He was attended to by P.W. 2 Dr. Deepa at about 3.20 a.m. on that very night. The two injuries which were of minor nature had to be stitched. The complainant was thereafter discharged.