RAM KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) Abovementioned appeals are being disposed of by this common judgment as both the appeals are arising out of the same judgment and order dated 16.01.1997 passed by Additional Sessions Judge, Haridwar in Sessions Trial No. 35 of 1994. Appellants-Ram Kumar and Bijender alongwith Raj Kumar stood trial for the offences under Sections 394, 397 and 411 of the Indian Penal Code, 1860 (in short I.P.C.). The learned trial court, after taking into consideration the evidence and material facts available on record, convicted accused-Ram Kumar and Bijender for the offences under Section 394 and 397 of the I.P.C. and sentenced them for life imprisonment while acquitted them of the charges for the offence under Section 411 of the I.P.C. Accused-Raj Kumar has been acquitted for all the charges levelled against him.

(2.) The criminal law was set in motion on the complaint (Ex. Ka-1) submitted by complainant Krishna Bali (PW-1). According to complainant, on 10th August 1993 he alongwith his brother Kisore Bali (since deceased) was going on Hero Honda Motorcycle bearing number UP-11/9233 from sector 3 BHEL Ranipur, Haridwar towards their house. When they reached near E.T. Hostel, the speed of the motorcycle slowed down due to a speed breaker. Meanwhile some bad elements, four in number, came and stopped their motorcycle. One of assailants was carrying a country made pistol and another was having a cycle chain. They started hurling abuses and snatched one H.M.T. wristwatch with black dial and steel chain from Krishna Bali (PW-1). One H.M.T. wristwatch with white dial and one purse on which ILU was written containing 50 rupees were snatched by them from Kishore Bali. One of them fired one shot from a country made pistol, which hit on the chest of Kishore Bali (PW-2). Thereafter those persons snatched their motorcycle and ran away from the spot. Both Krishna Bali (PW- 1) and Kishore Bali (PW-2) had seen and identified those persons in the light of mercury streetlights and in the light of motorcycle.

(3.) The complainant first removed his brother to their house and fromwhere he was removed in Maruti Car to the Nursing Home of Dr. Tripathi. The condition of Kishore Bali (PW-2) was serious, therefore, Dr. Tripathi asked the complainant to take him to the Government Hospital. Thus Kishore Bali (PW-2) was admitted in the Government Hospital. Thereafter complainant Krishna Bali (PW-1) went to the police station and submitted written report (Ex. Ka-1) in the police station Ranipur, Haridwar, on the basis of which Chick F.I.R. Ex. Ka-17 was recorded at 11:00 p.m. on the same day. G.D. report in this respect is Ex. Ka-18.