RAJA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) RAJARAM has filed this appeal against his conviction under Section 392 read with Section 397 IPC and sentence of 7 years R. I. as also for offence under Section 2S (1) (a) Arms Act and sentence of one year's R I. as has been ordered by the judgement of the 8th Additional Sessions Judge, Sitapur, dated 11-11-1982 in Sessions Trial No. 183 and i84 of 1982 respectively.

(2.) SRI Ramakant Sharma, learned Counsel for the appellant has placed the record before this Court and has raited two points which will be taken up hereinafter SRI S P. Misra, learned Assistant Government Advocate has been heard in opposition. The prosecution case was that Sooraj Prasad informant was sleeping with his brother Misri Lal on the roof of his house and, his mother and brother's wife were sleeping under the Chhappar, inside the house, on the night between 26/27th November 1981. Around 4:30 A.M. four miscreants arrived in the house and they caught hold of his mother and bbabhi and threatened them forcing them to divulge information about the valuables. They started collecting some articles also. A Dhibri was burning From the roof the informant and his brother heard the convention and the noise, at which they raised alarm. Co-villagers Ram Khelawan, Ram Asrey and others arrived with lathi and torch- At this, miscreants started running away from the house. Seeing this, Misri Lal Started drooping wooden pieces from the roof one of which hit the appellant Rajaram who lived in that very village, the pistol in his pocket got accidentally fired. He was arrested after some injury which were caused to him. Country made pistol with fired catridge and two living catridges were recovered. The village Chaukidar was called and a report of the incident was then written by one Shivlal and lodged at Police Station at 8.30 A.M. the next morning. A case was registered by PW 5 Bhoolan Singh. The informant handed over the appellant and the articles recovered from him at the police station. The other accused had run away from the place of occurrence. Sub-Inspector Shiv Sharan Lal Dubey was present and had investigated the case, who has been examined as PW 4 He has proved the recovery memo, regarding the articles produced by the informant at the police station along with the appellant and he has also proved the sanction of the District Magistrate dated 1-2-1982 regarding prosecution under the Arms Act. He filed chargesheet in the Court. Bhoolan Singh PW 5, Head Constable has proved the chik report. After due committal proceedings, the appellant was committed to the Court of Sessions.

(3.) E thE allEgEd falsE implication