OM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P. C.) is directed against the judgment and order dated 29-03-1985, passed by learned Additional Sessions Judge, Dehradun in Sessions Trial No. 44 of 1982, whereby accused/appellants Om Prakash and Ram Kishan have been con victed under Section 364 read with Sec tion 34 of Indian Penal Code, 1860 (for brevity herein after referred as I. FC.) and each one of them has been sentenced to undergo rigorous imprisonment for a pe riod of ten years.

(2.) HEARD learned counsel for the par ties.

(3.) P. W. 1 Rakesh, a young boy aged 13 years, has stated that after touring Aligarh tuia Meerut, he came to tour Rishikesh. On the day of incident, he was in possession of Rs. 1070/ -. When he reached bus station of Rishikesh, he made inquiry from a three wheeler wala that what would he charge for going to and coming back from Laxman Jhoola. Three wheeler wala asked for Rs. 30/ -. On this, the witness states that he paid Rs. 30/- to said man. P. W. 1 Rakesh further states that while he was making payment to three wheeler wala, he was witnessed by the accused/appellants. According to the witness, it was 11:45 A. M. at that time. P. W. I Rakesh further narrates that when he was coming back from Laxman Jhoola in the same three wheeler, at about 1:30 RM. , the three wheeler was intercepted by a taxi in which accused/appellants on the point of knife made him to get down from three wheeler and took him in the taxi. The witness further states that accused/ appellants snatched Rs. 800/-from him. The witness further states that after the accused/appellants, took him in a house and confined there, at about 4:00 RM. , police came and they were arrested. In para-4 of the statement of P. W. 1 Rakesh (the victim) discloses that he is resident of Ghaziabad and he had ran away from his house after taking Rs. 1,600/ -. He further clarifies that when he got down at Rishikesh bus stand. On reaching there, he saw accused Ram Kishan sitting in his betel shop who had seen him talking to three wheeler wala and making payment to him. This witness has also disclosed that the registration number of three wheeler was 1450.