* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : July 11, 2013
DECIDED ON : July 16, 2013
+ CRL.A. 309/2012
DHARAM @ BANTI ..... Appellant Through : Mr.Gautam Khazanchi, Advocate.
versus
STATE ..... Respondent Through : Mr.M.N.Dudeja, APP for the State.
CORAM:
MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. Dharam @ Banti (the appellant) challenges a judgment dated 30.05.2009 of learned Additional Sessions Judge in Sessions Case No. 78/1/2008 arising out of FIR No. 194/2008 PS Bindapur by which he was held guilty for committing offence under Section 392/34 read with Section 397 IPC. By an order dated 03.07.2009 he was sentenced to undergo Rigorous Imprisonment for seven years under Section 397 IPC.
2. Allegations in the charge-sheet were that on 06.08.2008 at about 01.00 A.M. at 40 Foota Road, near Jagdamba Sweets Palace, Chanakya Palace, Dharma @ Banti and his associates Manish Khanna @ Crl.A.No.309/2012 Page 1 of 7 Punjabi and Sanju @ Sandeep @ Tapul committed robbery and deprived Sandeep Kumar of his motorcycle No.DL 9SV 7925 make XCD 125, Purse containing `150/- and a mobile phone make Nokia. It was further alleged that Dharma @ Banti was armed with a knife and injured Sandeep Kumar while committing robbery. During investigation, the appellant and his associates were arrested. Pursuant to their disclosure statements, the motorcycle and weapon of offence i.e. knife were recovered. Statements of the wit