JUDGMENT

Indermeeet Kaur, J.

1. Appellant Manoj Kumar has filed the present appeal. He had appeared on the production warrant. He is a convict along with co-accused Satish Kumar. Both the appellants have been convicted under Section 392 r/w 120B IPC. Appellant Manoj Kumar was separately convicted under Section 397 IPC as well. The appellant had been sentenced to undergo RI for a period of 7 years as also to pay a fine of Rs 5000/- and in default of payment of fine to undergo SI for a period of three months. As on 20.11.2017 the appellant has undergone incarceration of 1 year and 13 days meaning thereby that as on date he has undergone incarceration for almost 15 months which would include the remission earned by him. His jail conduct is satisfactory.

2. On behalf of the appellant it has been argued that the offence under Section 397 IPC is not made out. The knife which was recovered which was the subject matter of the FIR was only a kitchen knife. Even presuming that this weapon had been used by the appellant, the weapon not being a "deadly weapon" within the meaning of Section 397 of the IPC, the conviction of the appellant under the aforenoted provisions of law is unsustainab