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1987 Supreme(Del) 112

MALIK SHARIEF-UD-DIN
SHARWAN KUMAR – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
amicus curiae, NITYA RAMAKRISHNAN, S.T.SINGH

Malik Sharief-Ud-Din,j.

( 1 ) THE learned Additional Sessions Judge by hisorder dated 10/01/1986 found the appellant along with one Sita Ramand Arjun guilty under Sections 392/394 of the Indian Penal Code and afterconvicting them of the offences sentenced each one of them with rigorousimprisonment for five years and to the payment of fine of Rs. 500. 00. In defaultof payment of which they were to undergo further rigorous imprisonment forthree months. All the three convicts have filed separate appeals. Criminalappeal No. 20 of 1986 filed by Arjun was disposed of on 31/03/1986.

( 2 ) THE prosecution case in brief is that on 20/05/1982, the appellantalong with his co-accused Sita Ram and Arjun committed robbery by causinghurt voluntarily and in the process they are said to have caused injuries topw-6, one Chhotey Lal.

( 3 ) THEY are further alleged to have deprived the complainant of his wristwatch, Rs. 12. 00 in cash and the identity card which the complainant was holdingas a Chowkidar. The matter was reported to the police patrol party withinminutes of the incident and all the three accused including the appellant wereallegedly apprehended on being identified by PW-6 Chhotey Lal. Af





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