MD RIZWAN Vs. STATE

JUDGEMENT

(1.) In this appeal, judgment dated 18th May, 1999, of the learned Additional Sessions Judge, Delhi, convicting the appellant for commission of offence under Section 393/398/307 of the IPC and the order on sentence dated 19th May, 1999, sentencing the appellant to RI for seven years each and to a fine of Rs. 250/- each for commission of offences under Section 393 read with Section 398 of the IPC and under Section 307 of the IPC has been assailed.

(2.) The crux of the prosecution case is that on the fateful day i.e. on 24th July, 1995, at about 11.00 AM, Wazir Chand and Baldev were travelling in a rickshaw with cash of Rs. 2,75,000/- in a bag and in front of Natraj Cinema in DLF area, Nazafgarh Road, Delhi, they were assaulted by the appellant as his co- accused and appellant has said to have fired from his countrymade pistol and the bag containing the money was snatched from the victims and, thereafter, the appellant and his co-accused tried to flee away and after a while, appellant was apprehended by the police, whereas his co-accused managed to escape. The law was set into motion and after completion of investigation, the charge-sheet was filed against the appellant and his co-accused for commission of offence under Section 393 read with Section 398 of the IPC and also under Section 307 of the IPC and under Section 27 of the Arms Act.

(3.) Appellant before the trial court had claimed trial as he had not pleaded guilty to the charges framed against him under Section 393/398/307 of the IPC and under Section 27 of the Arms Act.