R.K. Gauba, J.:-

1. On 04.07.2007, at about 03:25 PM Santosh Kumar son of Shiv Chander aged about 25 years, resident of 158, Lalita Park, Gali No. 12, Laxmi Nagar, Delhi received firearm injury near bus stand, traffic light Mayur Vihar, Phase-I, Delhi and died on the spot. At the time of the incident, he was carrying a bag containing cash in the sum of Rupees Eight Lakh Sixty Five Thousand. The first information report (FIR) (Ex.PW1/A) was registered on the basis of statement (Ex.PW2/A) of Miraj Malik (PW2), resident of Toli Mohalla near Chand Masjid, Loni, Ghaziabad, U.P. with allegations to the effect that the appellant had waylaid the victim (the deceased) and after firing at him, had robbed him of the bag containing the money and that he had been apprehended by the first informant (PW2), assisted by his companion Wahid Malik (PW9).

2. Two persons, including the appellant, were put to trial in the court of Additional Sessions Judge (East) in sessions case (No. 84/2013) on the basis of the report under Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.), on the charge for offences punishable under Section 120B IPC read with Sections 392/397/302 of Indian Penal Code