MADAN LAL Vs. STATE DELHI ADMN

JUDGEMENT

(1.) Briefly stated the case of the prosecution is that on 12th October, 1992 while Shri Badev Raj Sharma who was employed as Senior Supervisor with the Super Bazar, Mansarover Park, Delhi was proceeding towards the United Commercial Bank, G.T.Road, Shahdara, he was way laid and was robbed of Rs.13,263.00. The persons-accused of having robbed him of the said amount were stated to be none other but the present appellant and his companion. It was claimed that the appellant was armed with a knife and that the same was recovered while he was trying to make his escape good.

(2.) To be fair enough to the learned counsel for the appellant he is pressing the appeal only on two grounds. Firstly, that the offence under Section 397 of the Indian Penal Code was not made out and secondly that conviction under Section 27 of the Arms Act was bad as up knife was used in commission of the offence.

(3.) That the appoint had committed robbery stands proved beyond doubt from the statement of the victim Baldev Raj Sharma who has entered into the witness box as Public Witness3. His statement finds .support and corroboration from Constable Ravinder Kumar, Public Witness2. It may be noticed that the appellant was apprehended and recovery of the amount in question was made after a chase and in the presence of the said constable. In any case, as already noticed above the appellant is not challenging the finding of the learned Additional Sessions Judge on the point that Baldev Raj Sharma was actually robbed of Rs. 13,263.00 12th October, 1992 by the appellant and by his companion.