Judgment

UNTWALIA, J.: - In the night between the 8th and 9th September, 1966, to be precise, at about 1.45 A. M. on the 9th September, a daring robbery was committed at a petrol pump of the Gasolene Service Station on the Mall, Delhi. The robbers who are said to be four in number broke into the office of the Service Station and decamped with Rs. 585/- in cash after locking in the two attendants. After investigation three persons were put on trial in the Sessions Court. One of the culprits, named Sube Singh, absconded. The names of the three are (1) Phool Kumar, (2) Ram Kumar and (3) Dharampal. The latter two were acquitted by the learned Assistant Sessions Judge, Delhi, for want of sufficient evidence against them. The only person convicted at the said trial was appellant Phool Kumar. He has been convicted under Section 397 of the Penal Code and sentenced to undergo rigorous imprisonment for 7 years. A concurrent sentence of 6 months was also imposed for his conviction under Section 342 of the Penal Code. The Delhi High Court maintained his convictions and sentences and dismissed his appeal. He has approached this Court by special leave.

2. Mr. R. Bana, learned counsel for the appel