SHIV PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by three appellants, namely Shiv Prasad Sadhu Saran and Tarkeshwar, arises against their conviction and consequent sentence under Section 392 read with Section 397, I.P.C. to 7 years R.I. passed by the III Additional Sessions Judge, Basti, on 22-9-1980.

(2.) The brief facts of the case are that the informant along with his Phuwa, Smt. Genda Devi started from her Sasural (in-laws house), village Dugduiya, P.S. Sahjanwa, District Gorakhpur to her parental house situated in village Karaunda, P.S. Bakhira, District Basti. He was walking on foot with his Phuwa from Newasey crossing. When he reached near Karaunda Pokhar (Pond) at about 8.30 p.m., three persons accosted them. They are appellants abovesaid. They had taken away the Jewellery and the clothes that this Phuwa was possessing on the strength of knife and Katta. The incident was witnessed by Ajay son of Satyanarayan, Kuber son of Ramroop, Ram Niwas Pathak son of Jamuna and Sadhu Saran Singh son of Pashupati Nath of his village and Brijlal Singh and many other villagers, who came to the spot flashing their torches. They had witnessed the incident and also recognised the miscreants in the light. In the robbery a gold chain a pair of golden ear rings a pair of silver Payal, Rs. 200.00 cash and clothes were taken away. The report of the incident was lodged by Man Singh at P.S. Bakhira at about 10.30 p.m. The distance of police station from the village of occurrence was 7 Kms.

(3.) The prosecution in support of its case has examined five witnesses in all. Out of them PW 1 Man Singh, PW 2, Smt. Genda Devi and PW 3 Kuber Singh are the witnesses of occurrence. PW 4 Prem Nath is the Constable Clerk, PW 5 Lallan Sharma, S.L. is the Investigating Officer.