Hon’ble B. Amit Sthalekar, J.—Heard Ms. Somya Chaturvedi, learned Amicus Curiae for the appelant and Shri Tarkeshwar Yadav, learned A.G.A. on behalf of the State.

2. This jail appeal has been filed by the appellant Ummed against the judgement of the trial Court dated 14.2.2007 passed in S.T. No. 582 of 1999 whereby the appellant has been convicted under Section 394 I.P.C. and sentenced to 10 years R.I. with fine of Rs. 5000/- with default stipulation.

3. Briefly stated the facts of the case are that an F.I.R. was lodged on 7.8.1999 at about 2 p.m. in the police station Baldeo, Mathura alleging an incident which is stated to have occurred at 1.30 p.m. According to the F.I.R. one Rajendra Prasad son of the informant was coming to his village Nagla Rai Singh police station Baldeo on a scooter, chassis No. 05 C BED 79303 with his daughter sitting at the back after picking her up from the school and as soon as the scooter reached near a small bridge/culvert/pulia, the two accused persons accosted him and tried to snatch the scooter from him. Both the accused persons were carrying Tamancha (country made pistols). Rajendra opposed them and raised an alarm whereby the two accused persons assaulted him with the butt of the Tamancha and also with knife as a result of which Rajendra suffered serious injuries on the head and other parts of the body. Hearing the cries of Rajendra farmers who were working in the nearby fields came running to the spot. From the college Nagla Rai Singh, Ramesh Chandra and Satya Pal Singh, Assistant Teachers came to the spot and from the direction of the village Baldeo, Jwala Prasad and Laik Ram, Assistant Teachers reached the spot. One Dr. Yashwant Singh R/o Bairni also reached the spot. All these persons challenged the accused persons upon which the accused persons with the intention to kill started firing at them narrowly missed them. The members of the public showed great courage and assaulted the accused persons and caught them. A knife and Tamancha was recovered from the accused. On being caught one of the accused disclosed his name as Nabba son of Niroti Jatav R/o Madnai police station Sadabad Hathras whereas the other accused disclosed his name as Narendra son of Deva Jatav R/o Madnai police station Sadabad Hathras. The informant Budhhi Ram then stated that he took his son Rajendra to the police station where he lodged the F.I.R. The public also brought the accused persons to the police station where the report was noted down by Jwala Prasad. A recovery memo was prepared on 7.8.1999 itself. A scooter was recovered from the accused which was a Bajaj Super Scooter Engine No. 05E BEK 80473 and chassis No. 05C BEK 79303. The knife was stated to be in the possession of Narendra, which was recovered by the public when they overpowered the accused persons and from the public it was recovered by the police. This knife was about 5 fingers in length with a six fingers handle with button system by which the knife could be opened and closed. A country made pistol .315 bore with an iron barrel about 7 fingers long which had a spring for opening and closing, with trigger and wooden butt was also recovered. This counter made pistol alongwith three live cartridges was recovered from the possession of Ummed, the appellant herein.

4. The injured Rajendra was examined as P.W. 1 in the trial and he stated that the incidence had occurred about 1.30 p.m. in the afternoon of 7.8.1999. He was coming on a scooter with his daughter towards his village after picking her up from school in village Baldeo and as he neared the culvert, the accused blocked his way and snatched his scooter. They were carrying country made pistol. He objected and raised cries upon which he was attacked with a knife iflicting injuries and was also hit on the head with the Tamancha as a result of which he sustained serious injuries on his head and body. Hearing his cries farmers working in the nearby fields rushed to the spot and caught hold of t