JUDGMENT

D.P. Wadhwa, J. - This is an appeal against the order dated 22.1.1.85 of Mr. V.S. Aggarwal, Addl. Sessions Judge, Delhi, convicting the appellant under sections 392 and 397 I.P.C. and sentencing him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 200/- for the offence under section 392 I.P.C. and in default of payment of fine to undergo further rigorous imprisonment for 3 months, and further sentencing him under section 397 I.P.C. to rigorous imprisonment for 7 years and to pay a fine Rs. 200/- and again in default of payment of fine to undergo further rigorous imprisonment for 6 months. Both the substantive sentences of imprisonment were further ordered to run concurrently.

2. The appellant, Salim, along with two others, namely, Satish Kumar and Avadh Kumar, was charged firstly for an offence under sections 392/34 I.P.C. and secondly for an offence under section 397 I.P.C. read' with section 392 I.P.C. The first charge' against these three persons was that on 22.8.84 at about 7.30 p.m. at Pushta behind Adarsh Nagar near Nullah within the jurisdiction of Police Station Adarsh Nagar they committed robbery by robbing Singh Ram of his diary and Rs. 200/-