Along with other persons, he was travelling in the car which was being driven by the driver Gyanendra Singh.
Four miscreants came on scooter and parked the said scooter in front of the motor car.
Two miscreants were armed with revolvers and the remaining two had khukhries with them.
While returning to Vikasnagar from Purola, they had stopped at the curve of Katta Pather and alighted from the car.
The accused appellant Sudesh Kumar has preferred this appeal against the order of companyviction and sentence.
One of the miscreants ran away on the scooter along with the money bag, while the remaining three boarded the car and fled away.
5639 OF 2007 Judgment Delivered by K. THAKKER J, P. NAOLEKAR J, K. THAKKER, J. I have had the benefit of going through the judgment prepared by my learned Brother.
P.C. of the accused wherein age of the accused was given by the accused as 20 years and from the transfer certificate, filed along with special leave petition, issued by the Principal, Sanatan Dharma Junior High School, Dehradun, which shows that the appellant was born on 28.6.1962.
ARISING OUT OF SPECIAL LEAVE PETITION CRL NO.
In appeal preferred by the appellant, the High Court has companyfirmed the order of companyviction and sentence by its order dated 9.7.2007.
The appellant was further companyvicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year.
The case of the prosecution in brief is that one Jagdish Prasad was wholesale beedi merchant and carried on his business in the name and style of M s. Madrasee Basant Beedi in Vikasnagar, District Dehradun.
On 7.3.1981, he went to Purola, Badkot for realization of his dues.
Jagdish Prasad used to go to companylect his dues from the retailers on every 15th day.
On appreciation of the evidence brought on record, the Additional District Sessions Judge found the accused persons guilty and imposed the punishment which was companyfirmed by the High Court as mentioned hereinabove.
Another occupant of the car was companypelled to give cash of Rs.230/ and the driver gave cash of Rs.600/ to them.
My learned Brother has also referred to Yaduraj Singh Ors.
P. NAOLEKAR, J. Leave granted.
The appellant was companyvicted by the judgment and order dated 26.7.1985 passed by the Additional District Sessions Judge, Dehradun, along with another accused person, under Section 392 read with Section 34 of the Indian Penal Code IPC and sentenced to undergo five years rigorous imprisonment and further to pay a fine of Rs.5,000/ and in default of payment of fine to undergo further rigorous imprisonment for six months.
