BHUPENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Dubey, learned counsel for the appellant and Sri S. S. Sachan, learned A.G.A. for the State.

(2.) This appeal has been preferred by appellant Bhupendra @ Kundha S/o Jagdish Pandit against the judgment and order dated 25.02.1983 passed by Vth Additional District Judge in S.T. No. 48 of 1981 convicting and sentencing the applicant under Section 398 of I.P.C. with seven years rigorous imprisonment.

(3.) The facts in brief of the case as disclosed in the F.I.R. are that informant Chhitu (PW1) was hearing recitation of Ramayana in the house of Vasudev S/o Ramji Gadaria of his village on 14.10.1980 along with many other villagers. His neighbour Raghunandan was lying in front of the door of his house, in the night, right then about 7 to 8 miscreants armed with country made pistol and lathi ascended the dilapidated house of his neighbour Bikhari S/o Raghunath and thereafter through the roof of the house of the informant entered into his house and opened the door. Two miscreants attempted to catch hold of Raghunandan but he fled from there. Raghunandan shouted loudly, hearing his shout Kripal S/o Kamta, Ram Kishan S/o Lalta, Ram Avtar S/o Gokul Lohar, Deshraj S/o Chadra Bhushan, Kallu S/o Man Bodhan, Baijnath S/o Pyare, Shiv Balak S/o Kallu, Vasudev S/o Ram Jiyawan, the informant himself and Raghunandan armed with lathi, stones and torches and Jagannath armed with single barrel gun Ram Narayan with double barrel gun Ram Sajiwan with single barrel gun came there raising alarm and making fire surrounded the miscreants/dacoits. Then dacoits also made fire towards the villagers by which Deshraj received minor injuries and the miscreants fled from there. Then Ram Kishan, Kripal, Ram Avtar, Kamta and Raghunandan and many others caught one dacoit Bhupendra @ Kundha S/o Jagdish Pandit R/o Besadi, towards the eastern side of the village in the field of Vasudev with one country made pistol and two cartridges after beating him with lathi. One miscreant who had come out of the house of the informant and who was fleeing towards northern side, was caught at the bridge of canal by Deshraj, Kallu, Baijnath, Shiv Balak and the informant after surrounding him, the miscreant was beaten with lathies. This miscreant was beaten by Narayan by lathi while he was fleeing and disclosed his name as Suber S/o Dulare R/o Besadi, from him one lathi and one country made bomb in a bag were recovered. The miscreants were not revealing anything initially but subsequently disclosed their names. These miscreants had attempted to commit dacoity in the informant's house but could not succeed because of the villagers being awake therefore, the miscreants could not take away any articles. Due to fear in the night, the informant could not come to lodge the report. He had caught both the miscreants along with country made pistol, lathi, bomb and cartridges and brought them to the police station. Rest of the miscreants were seen by the villagers and they could identify them if the miscreants were brought before them.