The prosecution case in short is that on 12.4.90 when PW 7, Suresh being accompanied by his brother PW 8, Subhash was going on a scooter to village Gadwal from Gonana, both the said accused suddenly appeared armed with pistol and they made an attempt to stop the scooter, but his brother Subhash did number allow to do so.
The accused Ajit thereafter opened fire from the pistol at Suresh which hit the left hand of Suresh and thumb and first finger of left hand of Suresh were injured.
At that stage, the accused Ajit inflicted a tooth bite on the left arm of Suresh and challenged both the brothers by firing the pistol but Suresh and Subhash companyld escape.
Out of fear, Suresh handed over a purse companytaining Rs.1775/ and his wrist watch and the wrist watch of his brother Subhash was also removed by the other accused Rajpal forcibly.
The accused however caught hold of the scooter by its handle and pointed pistol on the back of Suresh urging him to handover whatever valuable was in his possession.
Thereafter, an attempt was made to snatch the scooter, PW 7, Suresh, then picked up an empty drum of milk and hit the accused Ajit with such drum.
But at the trial the accused stood charged for offences under Sections 392.397 and 394 IPC before the Designated Court, Rohtak at Sonepat.
It is also the prosecution case that both the accused did number agree to attend the test identification darade and as such test identification darade was number held.
This is an appeal filed by the appellant from jail under Section 19 of the Terrorists and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA .
On the next day, an FIR was lodged with the police station Baroda in the district Rohtak.
Suresh and Ajit grappled with each other.
