- (1.) THIS appeal arises out of the judgment and order dated 17-3-2004 passed by Sri Vishram Singh, Additional District and Sessions Judge, Bulandshahr convicting the appellant Raju Tyagi under Section 394 IPC and sentencing him to undergo life imprisonment.
(2.) AS per the F. I. R. lodged by Subhash Chandra Verma on 18-8-2000 at 9. 05 a. m. there was a shop of jewellery comprised in his house in town Gulaothi. On 18-8-2000 at about 8. 30 a. m. , his nephew Sachin was cleaning the shop. Three miscreants came at the shop armed with country made pistols and started looting the ornaments. When he resisted, the miscreants assaulted him with the butts of the pistols and also fired a shot. On hearing the sound of the firing and cries, Sachin's mother rushed to the shop. The miscreants also gave her beating and escaped with the gold and silver ornaments and Rs. 3,000 in cash. On hearing the cries, a mob chased them. When the miscreants reached near the Bus Stand, the miscreants opened fire and shot-dead Manohar Lal. The mob killed a miscreant and caught hold of another (Raju Tyagi present appellant) and handed him over to police. One miscreant succeeded in escaping. The looted material consisted of ornaments made of 2 Kgs. silver and 5 gms. gold. Besides this, Rs. 3,000 cash was also looted. Another F. I. R. was lodged by Govind stating that his brother Manohar Lal was going towards his hotel in Gulaothi when he saw the miscreants running. Manohar Lal struck a miscreant with his cycle and the miscreant fell down upon which the miscreant fired a shot at his brother by countrymade pistol. Manohar Lal fell down and died at the spot. One of the miscreants was killed by the public. The present appellant Raju Tyagi was apprehended by public and handed over to the police. The third miscreant ran away. This second report was lodged on 18-8-2000 at 9. 15 a. m. S. I. P. C. Bharti, P. W. 6 started investigation of the case on the first F. I. R. and the papers of second F. I. R. were also handed over to him. He inspected the place of robbery and prepared the site plan. Thereafter, he reached at Dholana Bus Stand and inspected that spot, prepared site plan where he found the corpse of Sanawar miscreant. He collected three live cartridges of 315 bore from the side of the corpse. He collected blood stained earth and plain earth. He prepared the inquest reports of the dead-bodies of miscreant Sanawar and Manohar Lal deceased and sent the same for post-mortem examination. The investigation of the case was then taken over by S. O. V. P. Singh.
(3.) AFTER completion of the investigation charge-sheet against the accused Raju Tyagi under Sections 394, 302 IPC and against the accused Munawar under Sections 394, 302/411 IPC and under Section 25 Arms Act was submitted. The accused in their statements under Section 313 Cr. P. C. denied the prosecution story and claimed trial.;