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1985 Supreme(Del) 163

H.C.GOEL
ADESH KUMAR – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
HARISH GULATI, S.C.Bhuttan

H. C. Goel, J.

( 1 ) THESE two appeals arise out of the impugned judgment of the Court of Shri P. S. Sharma, Additional Sessions Judge, Delhi dated June 7, 1983 by which he convicted Adesh Kumar and Jagdish appellants under section 394 read with section 397 Indian Penal Code and sentenced them to seven years RI and a fine of Rs. 500. 00 each thereunder. The prosecution case stated in brief is that on July 26, 1978 at about 9. 15 p. m. Dharam Singh PW was standing at the bus stand Beriwala Bagh, Bharat Nagar, Delhi. Three persons including the two appellants Adesh Kumar and Jagdish had come in the scooter of Narender Kumar Public Witness 3. These three persons got down from the scooter at some distance from the said bus stand. The third accomplice of the appellants went away. The two appellants went near Dharam Singh at the bus stand. They both showed a knife to Dharam Singh and told him to give to them whatever be had. Dharam Singh took out a currency note of rupee ten from his pocket and gave that note to the appellants. The appellants were, however, not satisfied and the personal search of Dharam Singh was taken by them and Adesh removed a sum of Rs. 300. 00 from one pocket of t




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