LUKHMI CHAND Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri M. P. Singh Gaur, the learned counsel for the revisionists, the learned AGA appearing on behalf of State and perused the record.

(2.) The instant revision has been preferred against the judgment and order dated 22.10.2005, whereby the applicants have been summoned by Special Judge (D.A.A.), Budaun in complaint case No. 278 of 2004, Ganga Sahay v. Lukhmi Chand, under Sections 395 and 397 IPC, P.S. Faizganj, Behta, District Budaun.

(3.) The prosecution case in a nutshell is that the opposite party No. 2 filed a complaint, that on 14.9.2004 at about 10 :00 am the applicants have looted twenty litres mentha oil and ornaments worth six thousand rupees, they had also taken away seven thousand rupees from his son Janak Singh. They had also set on fire the house of the complainant and demolished the boundary wall of his house, thereafter while threatening they took their heels after firing in the air. The said incident was witnessed by Satyaveer, Bhurey, Pooran, Nandlal, Satyaram and many other villagers. The complainant's mother went to lodge the first information report of the said incident, but it was not registered. Thereafter when her mother returned back to home she found her husband died on account of terror and threat extended to his father. On account of this incident peace and tranquility of the entire village was disturbed. The last rites of his father was also performed in the presence of police but no first information report was lodged, hence the complaint was filed on 27.9.2004.