* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 16th MAY, 2014
DECIDED ON : 11th JULY, 2014
+ CRL.A.No.957/2011 & CRL.M.B.No.337/2014 CHANDER KUMAR TRIPATHI ..... Appellant Through : Mr.D.M.Bhalla, Advocate with
Mr.Chaitali Jain, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent Through : Mr.M.N.Dudeja, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. The appellant - Chandan Kumar Tripathi impugns a judgment dated 11.07.2011 of learned Addl. Sessions Judge in Sessions Case No. 54/11 arising out of FIR No. 308/08 PS Dwarka by which he was convicted under Sections 392/394/397 IPC. By an order dated 13.07.2011, he was awarded RI for seven years with fine ` 5,000/- under Crl.A.No.957/2011 Page 1 of 9 Section 392 IPC; RI for seven years with fine ` 5,000/- under Sections 394/397 IPC. The sentences were to operate concurrently.
2. Shorn of details, the prosecution case as set up in the charge- sheet was that on the night intervening 18/19.05.2008 at around 12.30 (night), at or near ITL School, Sector-9, Dwarka, New Delhi, the appellant robbed complainant - Ashok Kumar Sahni of his auto scooter at knife point and inflicted injuries to him. In a chase, soon after the crime by PCR officials, the appellant was apprehended at some distance. Statements of the witnesses conversant with the fact