Mukteshwar Prasad, J. - (1.) Accused Anil Kumar, son of Tara Chand, has come up In appeal against the judgment and order-dated 31.1.1981 passed by the then Additional Sessions Judge, Meerut in S.T. No. 248 of 1980 whereby he convicted the appellant under Section 394 read with Section 397 I.P.C. and sentenced him to suffer rigorous imprisonment for a period of seven years.
(2.) In nut shell, the facts of the prosecution case leading to the prosecution of the appellant were as under:P. W. 3 Vikram Dutt handed over a written report at P.S. Kotwali Meerut on 1.4.1980 and the police registered a case at crime No. 176 under Section 394 I.P.C. at 10-00 P.M. The first informant alleged in his report that his father Babu Ram had a grocery shop No. 19 in Mohalla Kailash Puri of Meerut Town. On 1.4.1980 at 8-15 P.M., Babu Ram was present at his said shop. The appellant arrived there, whipped out his knife and asked Babu Ram not to raise alarm failing which he would be killed. Accused is a resident of house No. 1 Durga Nagar and was well known to Babu Ram from before the incident. When accused tried to lift cash chest from the shop, Babu Ram prevented him and raised alarm also. Thereupon, accused gave him two knife blows and took away cash chest. On hearing the alarm, Munendra Tyagi, Kuldip Narain Saxena and Budh Prakash arrived there and chased the accused. Anil Kumar took shelter in the house of Vinod, son of his maternal uncle. Accused took out Rs. 750/- cash from the cash chest and threw the chest into the house of Banarasi Das, Post Master.
(3.) Vikram Dutt got information about the incident of robbery from Vinod Halwai and reached his shop and found his father in injured condition. The incident was narrated to him by his father and aforesaid witnesses. Vikram Dutt prepared a written report and reached Police Station. The flying squad arrived on the spot and the injured was also taken to the Police Station in police vehicle.;