AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement of conviction pronounced upon the appellant herein besides is directed against the sentence pronounced upon him for his committing offences punishable under Section 395 IPC.

(2.) The brief facts of the case are that on 6.7.2013 at about 5.10 p.m complainant Nishant Bhardwaj reported the matter at Police Station GRPS Kangra that on 4.7.2013 at about 10.30 p.m he alongwith his friend Tushar were coming from Pathankot to Paprola in train and when they reached Panchrukhi then accused Ajay Kumar alongwith his other co-accused, namely, Vijay Kumar, Munish Kumar and Arvind Kumar boarded their coach, one of the person stood in front of the complainant and rest of them went to switch off the light and when all the lights were switched off in the coach then one of accused Bichu (Vijay) told the complainant to stand up and started threatening him by Darat and kept in on the neck of the complainant whereas the other accused tried to beat Tushar and snatched their bags from them. The aforesaid bags of the complainant and of his friend contained their clothes and some documents alongwith Rs.1400/- and accused Ajay Kumar took away the bags alongwith both mobile phone of the complainant and of his friend. The matter was reported to the police on an application under Ext.PW-1/A and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) A charge stood put to the convict/appellant herein, by the learned trial Court, for his committing offence punishable under Section 395 IPC to which he pleaded not guilty and claimed trial.