SALIM Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This is an appeal against the order dated 22-11-1985 of Mr. V.S. Aggarwal, Addl. Sessions Judge, Delhi, convicting the appellant under Sections 392 and 397 Indian Penal Code . and sentencing him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 200.00 for the offence under Section 392 Indian Penal Code . and in default of payment of fine to undergo further rigorous imprisonment for 3 months, and further sentencing him under Section 397 Indian Penal Code . to rigorous imprisonment for 7 years and to pay a fine Rs. 200.00 and again in default of payment of fine to undergo further rigorous imprison ment for 6 months. Both the substantive sentences of imprisonment were further ordered to run concurrently.

(2.) The appellant, Salim, along with two others, namely, Satish Kumar and Avadh Kumar, was charged firstly for an offence under Sections 392/34 I.P.C. and secondly for an offence under Section 397 Indian Penal Code . read with Section 392 Indian Penal Code . The first charge against these three persons was that on 22-8-1984 at about 7.30 p.m at Pushta behind Adarsh Nagar near Nullah within the jurisdiction of Police Station Adarsh Nagar, they committed robbery by robbing Singh Ram of his diary and Rs. 200.00 and also a wrist watch and robbing Tejbir Singh of Rs. 20.00 , and the second charge was that at the said date, time and place while committing robbery aforesaid, they were armed with deadly weapons, to wit knives.

(3.) The prosecution alleged that Singh Ram and Tejbir Singh were related to each other and that on 22-8-1984 they went to the house of one Narinder at Jehangirpuri in the evening and had their meals there. They left the house of Narinder at about 7.00 p.m. and as they were walking back when they reached near culvert, four persons surrounded them. Three of them were armed with knives. At the point of knife, one of the said persons took the watch of Singh Ram and also took Rs. 200.00 from his pocket. In that process that person inflicted a knife blow on the left forearm of Singh Ram. In the same very process Tejbir Singh was deprived of Rs. 20.00 . The four persons after committing robbery escaped.