Individual liability under Section 397 IPC requires a direct use of a deadly weapon, lesser involvement may not qualify for similar punishment.

AMIT SHARMA, J. (ORAL)

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed under Section 374(2) of the CrPC assailing the judgment of conviction and order on sentence dated 04.12.2010 and 07.12.2010 respectively, passed by the learned ASJ-01, North Delhi arising out of SC No. 83/2009 in FIR No. 269/2009 under Sections

392/397/34/411 of the IPC registered at PS New Delhi Railway Station.

3. Vide the impugned judgment of conviction and order on sentence the appellant was convicted under Sections 392/34 read with Section 397 of the IPC and was sentenced to undergo rigorous imprisonment for 7 years alongwith a fine of Rs.1000/- for the offences punishable under Sections 392/34 read with Section 397 of the IPC, in default of payment of fine further Signature Not Verified Digitally Signed simple imprisonment for one month.

4. Brief facts necessary for the disposal of the present appeal are as under: 4.1 On 05.08.2009 SI Sohan Lal was present at PS New Delhi Railway Station and at about 5:15 PM certain officials of PS Lahori Gate produced the complainant alongwith the accused persons. It was alleged by the complainant in a letter addressed to the SHO, New Delhi Railway Station that he came to the said station to meet a known person and while he was coming to the station from the side of Nabi Karim Masjid, two boys came from the front and asked him about the time. While he was taking out his phone to tell them the time, one of the boys took out a knife and put it on his neck and snatched the phone. Thereafter, having snatched the mobile phone of the complainant both the accused started to flee and on the complainant raising an alarm five RPF jawans who were passing by chased them. Both the accused fell down and were apprehended by the RPF officials.

4.2 The accused persons were handed over to the police so that appropriate action could be taken and a knife and mobile phone were recovered from them. On the basis of the aforesaid incident the present FIR was registered bearing no. 269/2009 under Sections 392/397/34/411 of the IPC at PS New Delhi Railway Station. During investigation the place of incident was inspected and a map was prepared. Statements of the witnesses were also recorded and it was revealed that the person who put the knife on the neck of the accused was one Javed. The knife was recovered at the instance of the said Javed and the mobile phone was recovered from Mohd. Wasim i.e. present Signature Not Verified Digitally Signed appellant which were seized vide Seizure Memos dated 05.08.2009 (Ex-

PW3/A and Ex. PW3/B)

4.3 After the completion of investigation chargesheet dated 25.09.2009 was filed before the learned Trial Court qua the accused persons for the offences punishable under Sections 392/393/411/34 IPC. Vide order dated 30.11.2009 learned Trial Court framed charges qua the present appellant and the co-accused Javed for the offences punishable under Sections 392/34 read with section 397 IPC, who pleaded not guilty and claimed trial.

4.4 During the course of the trial prosecution examined seven witnesses. Statements of both the accused persons were recorded under Section 313 of the CrPC on 23.10.2010 wherein both of them stated that they have been falsely implicated in the present case by the police officials. Initially both the accused chose to lead evidence in defence but subsequently they submitted that they do not want to lead any evidence. After hearing final arguments on behalf of the parties, impugned judgment dated 04.12.2010 and order on sentence dated 07.12.2010 was passed.

5. Learned counsel appearing on behalf of the appellant at the very outset submits that he is not challenging the judgment of conviction for the offences punishable under Section 392/34 of the IPC and confines his challenge to conviction under Section 397 of the IPC.

6. Learned counsel draws the attention of this Court to the charge-sheet