SUBHASH Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374 Cr.P.C. has been filed by the appellant seeking setting aside of the impugned judgment of conviction dtd. 29/3/2012 and order on sentence dtd. 8/6/2012.

(2.) Vide the impugned judgment and order on sentence, the appellant has been convicted and sentenced under Sec. 394/34 r/w 120-B IPC to undergo rigorous imprisonment for five years, under Sec. 307/34 r/w 120-B IPC to undergo rigorous imprisonment for seven years, under Sec. 395/34 r/w 120-B IPC to undergo rigorous imprisonment for seven years and under Sec. 397 IPC to undergo rigorous imprisonment for seven years. Fine of Rs.3,000.00 was also imposed on the appellant and all the sentences were ordered to be run concurrently. Benefit of Sec. 428 Cr.P.C was also given to the appellant.

(3.) Briefly stated, the facts of the case are that on 4/8/2004, complainant-Moti Lal who was on a two wheeler scooter while on his way to Azad Pur Subzi Mandi was stopped by accused- Haridwar @ Chacha by parking his scooter in front of the scooter of the complainant. Thereafter, Babloo Pasi @ Bhola fired at Kishan Lal who was the pillion rider on the said scooter with the complainant. Subhash @ Satya Prakash put a knife on the handle of the scooter of the complainant meanwhile Jiya Lal kept a watch from distance. The accused persons snatched a bag from Kishan Lal which was containing 3,00,000/- in cash. Subsequently, inter alia on the testimony of Kishan Lal (PW-4), the accused persons including the appellant were convicted vide the impugned judgment.