SUNIL SRIVASTAVA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Sunil Srivastava was convicted for the offences u/s 394, 398 and 411 of the Indian Penal Code by the Additional Sessions Judge, Dehradun in Sessions Trial No.135 of 1996. The said trial proceeded only against the appellant Sunil Srivastava and his mother Krian Srivastava. The same culminated into the acquittal of Kiran Srivastava while appellant was convicted by the court below, as afore -mentioned. He has been appropriately sentenced for the same.

(2.) THE first information report was lodged soon after the occurrence on 26.2.1996 at 3:45 in police station Rishikesh. The incident occurred on the same day at 2:30 P.M. when three unknown assailants intruded the house of complainant Vishan Narayan Khanna and plundered several items of jewellery in presence of family members. After doing this devilish occurrence, accused persons took to their heels. Police came into motion and recovered a number of items, taken away by the accused persons, from the possession of one of the accused Puran Singh on 26.2.1996 itself. Memo of recovery Ex.Ka -4 was accordingly prepared. On 27.2.1996, one silver glass and Rs.1,000/ - were recovered from the possession of co -accused Kiran Srivastava while she was present in her residence. Memo of that recovery is Ex.Ka -5. Thereafter on 20.3.1996, an H.M.T. wrist watch was recovered from the possession of co -accused Lalit. Memo of that recovery is Ex.Ka -9. Besides, a golden necklace was recovered from the joint possession of accused Lalit and appellant Sunil Srivastava on 20.3.1996 i.e. after almost one month and four days of incident. Its recovery memo is Ex.Ka -8. The investigation culminated into submission of chargesheet against Puran Singh, Smt. Kiran Srivastava, Sunil Srivastava (appellant) and Lalit Kumar for the offences u/s 394, 398 and 411 IPC. Learned Additional Sessions Judge, Dehradun accordingly levelled the Charges.

(3.) DURING trial, accused Puran Singh absconded, so his trial was separated while accused Lalit Kumar died during trial, so the trial stood abated against him, whereas Smt. Kiran Srivastava has been acquitted by the court below. Now, the consideration remains only against the appellant Sunil Srivastava.