KAMNOD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nanhe Lal Tripathi, learned counsel for the appellant and Sri G. P. Singh, learned A.G.A. for the State.

(2.) This appeal has been preferred against the judgment and order dated 21.02.1983 passed by Additional Session Judge (Special Judge, Anti Dacoity) in S.S.T. No. 119 of 1981, whereby the appellant Kammod, Kuttan and Ram Prasad have been convicted and sentenced under Section 392 of I.P.C. with 3 years rigorous imprisonment and fine of Rs. 100/- each.

(3.) As per the F.I.R., the prosecution version is that the informant Rameshwar Prasad (PW4), was returning home from flour mill of village Gadyana to his village and when he reached near the well situated near the house of Ganesh carpenter at about 06:00PM, four miscreants intercepted his motor-cycle and told him to hand over the articles that he possessed, otherwise he would be killed, pursuant to that miscreants had snatched his wrist watch (Henri Sandoz 17 jewels with green dial) and Rs. 2.15/- kept in his pocket and 5 Kg wheat flour and also threatened that in case he revealed about the occurrence to anyone, he would not be left alive. Thereafter, informant returned home in his village Karmai and told about this incident to the villagers; hearing which his brother Om Prakash, he and other co-villagers namely, Brij Nandan (PW3), Bhagirath, Jhallu carpenter, Sukhdeen, Govind Singh Yadav, Kamlu, Mulla, Despant and Pissu etc. brought lathi, Luhagi, axe and proceeded in search of accused and in the process, they reached the house of Baldev Kachi of Village Gadyana. As soon as they all reached there, four miscreants stood up and started abusing them, on which the informant and his companions told them to return the articles which had been looted from him, on this, one of the miscreants sarcastically stated that [xxx xxx xxx] and thereafter made fire upon them with intention to kill and thereafter they also assaulted them by lathi and axe, from which the informant and his companions saved themselves and thereafter they pounced upon the miscreants with lathi, axe and caused injuries to three miscreants and caught hold of three of them while one miscreant namely, Ram Prasad managed to escape from there along with country made pistol. The three miscreants who were caught were Ballu @ Balchand Joshi, Kammod, and Kuttan. Because of there being no arrangement of bullock cart, the informant along with three miscreants came to his village Karmai and arranged for a bullock cart at night and then proceeded to lodge report, then at 02:00AM, in the morning, the accused Ballu @ Balchand was found dead due to injuries while the other two miscreants were made to sit there by villagers as they were tied. The dead body of the Ballu was lying in the village at the spot. Therefore, necessary action be taken. Upon this written report Ex. K2, case Crime No. 46 of 1981 under Sections 392 and 307 I.P.C. was registered at P.S. Bar, District Lalitpur on 03.06.1981 at 03:30 AM against the accused appellant and one other co-accused Ballu @ Balchand, Kammod Joshi, Kuttan and Ram Prasad. The chick F.I.R. of this case is Ex. K3 and the entry of this case was made in G.D. dated 13.06.1981 at 03:30AM (Ex. K4).