JAGDISH GUSAIN S/O LALA, PAWAN GUSAIN S/O MAAN SINGH, VEERU GUSAIN S/O UDAL AND ORS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) This revision is directed against the judgment and order dated 16.11.2011, passed by Sessions Judge, Haridwar, in appeal No. 78 of 2011, whereby the said court has dismissed the appeal and affirmed the conviction and sentence of the accused/revisionists Jagdish Gusain, Pawan Gusain, Veeru Gusain, Premi Gusain and Sitaram under Section 380 and 457 read with Section 34 of I.P.C.

(3.) Prosecution story in brief is that the First Information Report was lodged on 06.09.2010, at Police Station Laksar, by Ravish Kumar (PW-4) stating that in the shop of M/s Shivani Trading Company, in the intervening night of 5/6 of September, 2010, some thieves have entered, after breaking, opened the shutter and taken away cash box. In the same night shutters were broken of other two shops of M/s Raju Electricals and M/s Sarmeet Tractor Parts. On receiving the information, Crime No. 207 of 2010, was registered and police went to the spot. In search of the thieves combing operation was made by the police, in which, accused/revisionists Jagdish Gusain, Pawan Gusain, Veeru Gusain and Premi Gusain (residents of Village Ram Pura, District Lakhimpur Khiri) and one Sitaram resident of District Kasganj (near Etah) were arrested and the stolen cash boxes were recovered. After completion of investigation charge sheet was filed against the five accused/revisionists in the court of Judicial Magistrate.