The essential elements of the offences under Section 394/34 and Section 397 of the Indian Penal Code, 1860, were highlighted, emphasizing the use of a deadly weapon and the voluntary causing of hurt in committing robbery.

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 caught hold of him and gave knife blow on his back and left palm. Appellant handed over the mobile to his associate Rahul, who gave beatings to Tinku. When Joginder and his friend raised alarm, both accused persons ran towards police station. They chased them raising alarm “pakro pakro” H.Ct. Ravinder apprehended the appellant, while Rahul was apprehended by H.Ct. Ramesh. ASI Mahavir Singh along with Constable Satish also reached at the spot. Thereafter the statement of Joginder was recorded, which became backdrop of the case.

5. During the course of investigation, accused Rahul was sent to Juvenile Justice Board. Investigation against the appellant culminated into a chargesheet, same was filed in the trial court. Charges for offences punishable under Section 397 and 394 read with Section 34 Indian Penal Code, 1860 was framed against the appellant to which he pleaded not guilty and claimed trial.

6. To substantiate the charge, prosecution examined as many as 9 witnesses. Thereafter statement of the appellant under Section 313 Cr. P.C. was also recorded, wherein he stated that the case against him is false and he was lifted from his house and taken to police station, where he was implicated in this case. He sought liberty to lead evidence in his defence. He produced DW-1 Smt. Jarina, wife of Late Sh. Zakir in his defence, who stated that appellant is her son. She further deposed that on 8th April, however she did not remember the year at about 12 Noon appellant was present at her house. Police officials took her son to Police Station. She asked them what was the reason. They told her to come to Police Station. Later on her son was falsely implicated in this case.

7. In cross-examination, she stated that she did not know regarding incident dated 17.01.2010. She did not know as to where her son i.e. appellant was present on that day.

8. PW1 H.Ct. Ravinder Kumar unfolded those very facts which took place in his presence on 17.07.2009, when he was performing duty at Main Gate of DCP/NE along with HC Ramesh.

9. PW2 Ramesh Chand gave confirmation to the facts unfolded by PW1 H.Ct. Ravinder Kumar.

10. PW3 Ct. Satish took Rukka to police Station and got the case registered. He narrated all those investigative steps, which took place in his presence.

11. PW4 Dr. Lawish Aggarwal gave his opinion after seeing surgical record and MLC of Joginder. He proved the endorsement as Ex.PW4/A on MLC bearing no. C-220/10.

12. PW5 Dr. Arun Kumar prepared MLC of injured Joginder and proved the same as Ex.PW5/A.

13. PW6 H.Ct. Ram Singh recorded FIR and proved the same as Ex.PW6/A.

14. PW7 is the complainant and PW8 Tinku is the friend of the complainant.

15. PW9 ASI Mahavir Singh, Investigating Officer of the instant case deposed those very investigative steps which were taken