DEVI CHARAN Vs. STATE

JUDGEMENT

(1.) The appellant Devi Charan and one Mahender were convicted and sentenced to 7 years rigorous imprisonment and to payment of fineofRs.500.00 each under section 392 read with section 397/34 of the Indian Penal Code. In default of payment of fine they were further sentenced to six months imprisonment.

(2.) The prosecution case against the appellant is based on an incident dated 14th of October 1979 when at about 8 a.m. the appellant and Mahender armed with a knife and a pistol, respectively, intercepted one T.C. Joseph and his wife Marry Joseph, in a street near F-Block, Green Park, New Delhi, within the jurisdiction of police station Hauz Khas and by putting them to the fear of causing bodily harm robbed them of a lady wrist watch Henry Sandoz, a gold chain and a also male wrist-watch Ricko make and Rs. 40.00 in case. They had come on a scooter and also escaped on the scooter.

(3.) The prosecution case further is that on different dates appellant Devi Charan, Mahender and one Mohd. Arif were arrested and at their instance the gold chain of Marry Joseph was recovered from one Kailash with whom it was pawned by Mohd. Arif while the Ricko wrist watch was recovered from one Manbir with whom it was given by Mahender and it was also recovered consequent to the disclosure statement made by Mahender. It is also the prosecution case that the lady wrist watch Henry Sandoz of Marry Joseph was recovered from one Raj Rani consequent to the disclosure statement made by Devi Charan.