SHANKAR LAL LUHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants had faced trial in FIR No. 327 dated 28.09.2008 registered at Police Station Udyog Nagar, District Kota for the offence punishable under Section 460 of Indian Penal Code, 1860 (hereinafter referred as 'IPC').

(2.) Prosecution story in brief, was that during the night of 28.09.2008 at about 1/1.30 a.m., two persons entered the premises of the complainant. Complainant, his wife and children got up. The said two persons demanded from complainant whatever valuables were available with them. Wife of the complainant asked those persons as to who they were. One of the persons fired at the wife of the complainant. Complainant picked up a plastic chair and hit it against the assailants. Assailants ran towards the stairs. Akash, son of the complainant, caught hold of one of the said two persons. Akash was also inflicted a firearm injury. In the meantime, tenant Ram Narayan came there and tried to catch hold of the assailants. However, assailants fled away from the spot.

(3.) During investigation, appellants were arrested and their identification parade was got conducted. Akash, son of the complainant duly identified the appellants in the identification parade. Complainant duly identified appellant Shankar Lal in the identification parade.