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DELHI HIGH COURT
INDERMEET KAUR
Santosh – Appellant
Versus
State (NCT of Delhi) – Respondent
ORDER
1. These appeals filed by appellant Santosh and Lucky are directed against the impugned judgment and order on sentence dated 23.04.2012 wherein the appellants have been convicted under Section 397/392/34 of the IPC and each of them has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.20,000/- each and in default of payment of fine to undergo SI for a period of 2 months.
2. Nominal roll of appellant Santosh reflects that as on 06.04.2015, he has undergone incarceration of 3 years, 9 months and 25 days besides remission earned of 1 year meaning thereby that as on date, he has completed incarceration of about 5 years and 2 months. Nominal roll of appellant Lucky reflects that as on the date when he was granted bail i.e. in January, 2014 (having availed of by the appellant only in March, 2014 after his bond amount had been reduced) he has undergone incarceration of almost about 4 years which includes his period of remission.
3. Learned counsel for the appellant has made a twofold submission. First submission is that the ingredients of Section 397 of the IPC are not made out as there is no `use' of deadly weapon as is clear from the deposition of
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