LOTAN YADAV Vs. STATE DELHI ADMN

JUDGEMENT

(1.) This criminal appeal filed by convict/appellant Lotan Yadav is directed against his conviction and Sentence whereby he was convicted under Ss. 395/34 Indian Penal Code and sentenced to undergo R.I. for a period of three years and also to pay bine in the sum of Rs. 100.00 and to undergo further R.I. for tw6 months in default of payment of fine. The aforesaid judgment of conviction and the order of sentence were both passed on 20-2-1980 by Shri S.M. Aggarwal, Additional Sessions Judge. The initial charges against appellant had been framed under sections 395 read with S. 398 Indian Penal Code . which we had pleaded not guilty. He was, however, acquitted of the charge under S. 398 Indian Penal Code .

(2.) The first information report in this case was lodged by one Chhotey Lal who gave a detailed account of the commission of the dacoity at the kiln of Devendra & Company in village Matiala within the jurisdiction of Police Station Janakpuri. The prosecution case, in brief is that on the intervening night of 19th and 20th July, 1979 Chhotey Lal who was employed as Munshi on the aforesaid brick kiln, was present there along with Chowkidar Mohan Singh, Budh Singh munshi and labourers Santokh and Gaja Dhar and they were having talk among themselves, at about 12.00 in the night, when 7/8 persons came towards them flashing torches on their enquiry Chhotey Lal stood up and told them that it was the brick kiln of one Amar Jyoti. They were armed with Khukhris iron rods, lathis and a country made revolver. Immediately thereupon one of the dacoits robbed Chbotey Lal of his wrist watch "Henri Sandoz" and also forcibly snatched a cash amount of Rs. 11.00 from his pocket. Mohan Singh was also robbed of a cash amount of Rs. 13.00 from his pocket. Labourer Santokh who was lying in a truck nearby was also robbed by the dacoits of a cash amount of Rs. 100.00 . Dacoits also snatched a sum of Rs. 65.00 from the pocket of Gaja Dhar. They also forcibly broke open the almirah lying in the office and took out therefrom a cash amount of Rs. 60i0.00 one Henri Sandoz watch and another H.M.T. watch belonging to Budh Singh. All the aforesaid victims were forcibly confined in the said office.

(3.) After robbing the aforesaid persons the dacoits went into the nearby labour camp and snatched H.M.T. watch from the wrist of Ram Dev labourer.