PINTU Vs. STATE OF U P

JUDGEMENT

(1.) SRI G.S. Chaturvedi and Sri Samit Gopal, learned counsels, appeared on behalf of appellant; and Sri Mahendra Singh Yadav, learned A.G.A. appeared on behalf of State.

(2.) THE present appeal has been filed against the judgment dated 30.7.2009 passed by Additional Sessions Judge, Court No. -10, Muzaffar Nagar in Sessions Trial No. 526 of 2007, State Vs. Rahul and others, case crime no. 202/2006, under sections 394, 302/34, 411 I.P.C., p.s. Ramraj, Muzaffar Nagar.

(3.) THE prosecution case in brief was that on 5.6.2006 complainant Smt. Ruchi Agarwal was travelling from her Indica car with her husband Hemant Agarwal, daughter Mahak, husband's sister Smt. Lalita and her children. Her car was driven by driver Hari Singh. They were coming from Rajasthan and going to Lansdown (Uttarakhand). When they reached towards Bairaj on the canal road within area of Ramraj, then a Maruti car approached them from the side of Jangal road of village Dewal and blocked the way. The four ruffians, aged between 22 -25 years, climbed down from that car, waved the country -made pistols and surrounded the complainant's car. They threatened the occupants of complainant's car and robbed the ornaments worn by complainants and Lalita, including gold chain, gold bangles, rings, their purse containing Rs. 17,000 -18000, Nokia 1100 mobile, key of their vehicle and purse of Hari Singh driver. Those robbers also snatched about 8,000 -10,000 rupees from the pocket of complainant's husband, his gold chain and gold rings. When complainant's husband resisted, then one robber had fired at him by country -made pistol, injuring him. After committing robbery, those criminals fled away in their car. Then complainant's husband Hemant Agarwal was taken to Bijnor Government Hospital, where during treatment he succumbed to his injuries. Informant Ruchi Agrawal dictated the written report to scribe Akhil Agarwal, her father. On the basis of this report, case crime no. 202/2006, under sections 394, 302 I.P.C. was registered in p.s. Ramraj on 5.2.2006 at about 5:20 p.m. against four unknown persons.