SHARWAN KUMAR Vs. STATE

JUDGEMENT

(1.) The learned Additional Sessions Judge by hisorder dated 10/01/1986 found the appellant along with one Sita Ramand Arjun guilty under Sections 392/394 of the Indian Penal Code and afterconvicting them of the offences sentenced each one of them with rigorousimprisonment for five years and to the payment of fine of Rs. 500.00. In defaultof payment of which they were to undergo further rigorous imprisonment forthree months. All the three convicts have filed separate appeals. CriminalAppeal No. 20 of 1986 filed by Arjun was disposed of on 31/03/1986.

(2.) The prosecution case in brief is that on 20/05/1982, the appellantalong with his co-accused Sita Ram and Arjun committed robbery by causinghurt voluntarily and in the process they are said to have caused injuries toPW-6, one Chhotey Lal.

(3.) They are further alleged to have deprived the complainant of his wristwatch, Rs. 12.00 in cash and the identity card which the complainant was holdingas a Chowkidar. The matter was reported to the police patrol party withinminutes of the incident and all the three accused including the appellant wereallegedly apprehended on being identified by PW-6 Chhotey Lal. After theirarrest search of Sita Ram has resulted in siezure of the identity card of the complaint, and Rs. 12.00 in cash. It is alleged that a wrist watch was also recoveredfrom the appellant which belongs to the complainant. On the disclosure statement made by Arjun, one razor was recovered.