A.K. Pathak, J.:-- (Oral)

1. Aggrieved by the judgment dated 21st October, 2011 and order on sentence dated 22nd October, 2011, whereby appellant has been convicted under Sections 394/34 as well as Section 397 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for seven years and pay fine of Rs. 5,000/- each for both the offences, appellant has preferred this appeal.

2. Factual matrix as unfolded is that on 5th January, 2010 at about 8:00 PM, an information was received in the Police Station Krishna Nagar, Delhi from one Shri Ram Singh that on the main road of Vishwas Nagar, two persons had committed robbery at the point of knife, pursuant whereof DD No. 23-A (Ex. PW2/C) was recorded and handed over to Sub Inspector Kanta Prasad for investigation, who reached the spot along with Constable Prembir Singh Bhati and came to know that victim had already been removed to Dr. Hedgewar Hospital. Sub Inspector Kanta Prasad reached the said hospital after leaving Constable Prembir Singh Bhati at the spot and obtained MLC of the victim Shri Narender Kumar and recorded his statement, wherein victim stated that he was an auto-rickshaw driver and he parked his au