KALU ALIAS SALEEM Vs. STATE

JUDGEMENT

(1.) Arguments heard. Trial court record perused.

(2.) The only point canvassed during the course of hearing is that the ingredients of offence under Section 397 IPC are not attracted against the appellants, who have been convicted under Sections 120-B, 395 and 397 IPC. During the course of hearing, conviction of the appellants under Sections 120-B and 395 IPC has not been assailed on merits.

(3.) In brief, prosecution case, as set out in the charge-sheet, is that victim Ashok Kumar was going with his servant Raj Kumar in a Santro car driven by his driver Mahender (co-accused) on 25 th July, 2007 at about 7:50 PM. He was returning home from his shop. Car was stopped at Malka Ganj Petrol Pump for fuelling. Thereafter Mahender started the vehicle but again stopped it after about 4/5 steps on the pretext of wearing the seat belt. In the meanwhile, appellants alongwith their coaccused forcibly gained entry through the rear doors. Kalu was having a knife in his hand; while appellant Sonu and his co-accused were having country made pistols. They asked the driver to take the vehicle to Alipur bypass, where the vehicle was stopped and Rs. 20,000/- to Rs. 25,000/- and other articles were robbed from the victim. Thereafter victim and his servant Raj Kumar were forced to get down from the vehicle. Battery of the mobile phone (number 9810212250) of the victim was removed to see that same is not used by the victim. Thereafter, appellants and their co-accused took Mahender with them along with the vehicle. During the investigation, co-accused Hari Om was apprehended, who disclosed the names of appellants and other co-accused. It was further revealed that Mahender had also conspired with other co-accused to rob the victim which plan was executed on 25 th July, 2007.