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2012 Supreme(Del) 1036

SURESH KAIT
Mehboob Ali – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:R.K. Dikshit, Advocate.
For the Respondents: Naveen Sharma, APP for State.

Judgment :

SURESH KAIT, J:

1. The instant petition is being filed while challenging the impugned judgment dated 06.08.2011, whereby the appellant has been held guilty and convicted for the offences punishable under Section 394/34 and 397 Indian Penal Code, 1860.

2. Also challenged the order on sentence dated 08.08.2011, whereby, he was sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5,000/-for the offences punishable under Section 394 read with Section 34 Indian Penal Code, 1860. He is further sentenced to undergo RI for a period of 7 years for the offences punishable under Section 397 Indian Penal Code, 1860.

3. It is also ordered that the substantive sentences awarded to the convict shall run concurrently.

4. Brief facts of the case are that on 17.01.2010, Joginder along with his friend Tinku were going to her house after purchasing clothes from Seelampur. When they reached near Subway Seelampur, appellant and his associate Rahul met them. Appellant asked about time from Tinku, on which latter took out his mobile phone and told the time to former. Appellant took out knife and snatched mobile make NOKIA 2310 from Tinku. When Joginder intervened, appellant ca










































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