SATISH @ SONU Vs. STATE

JUDGEMENT

(1.) SATISH @ Sonu (the appellant) impugns the legality and correctness of a judgment dated 10.10.2011 of learned Additional Sessions Judge in Sessions Case No. 43/2011 arising out of FIR No. 202/2008 PS Subzi Mandi by which he was convicted for committing offence under Section 394 IPC and sentenced to undergo RI for four years with fine Rs. 5,000/ -.

(2.) ALLEGATIONS against the appellant were that on 31.07.2008 at about 03.00 ­ 04.00 P.M. after dropping a passenger complainant ­ Nurain Baitha, an auto driver, came out from Mahindra Park with TSR No. DL -1RE -0511 and the appellant boarded the TSR to go to Hindu Rao Hospital. On the way, the appellant got stopped the TSR and when the complainant demanded the fare, he took out a knife and snatched Rs. 190/ - from him. He also gave a knife blow on his head and escaped after inflicting injury. He was chased and apprehended at some distance. The Investigating Officer lodged First Information Report after recording complainant's statement. During the course of investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was submitted against the appellant in the Court. The prosecution examined five witnesses. In 313 statements, the appellant denied his complicity in the crime. The trial resulted in his conviction.

(3.) APPEAL stands disposed of in the above terms. The appellant be set at liberty forthwith, if not required in any other case. A copy of the order be sent to Superintendent Jail for information. Trial Court record be sent back immediately.