STATE Vs. SHAMIM BEG

JUDGEMENT

(1.) APPELLANT-State is aggrieved by acquittal of accused-respondent Shamim Beg by VIII-Additional Sessions Judge, Azamgarh vide his impugned judgment and order dated 6.9.1980 recorded in S.T. No. 471 of 1976 (State Vs. Shamim Beg) for charges under Section 395 I.P.C., P.S. G.R.P.

(2.) ACCORDING to the prosecution allegations, a dacoity was committed in Down Train No. 284 by the dacoits after boarding in it at Didarganj railway station in a IInd class compartment. Train passengers, during the dacoity threw four of the miscreants out of the train when the dacoits endeavour to loot them after the train started from Sarainmeer railway station. G.R.P. picket, which was travelling in the train, witnessed some people falling from the train, therefore, endeavour to stop the train. Ultimately, train was got stopped at Fariha railway station. On inquiry, the police personnel found that the dacoity was committed. They went in search of the miscreants and found blood stains lying near the railway track but none of the dacoits could be apprehended. Constable 136 Chand Dev of G.R.P., Azamgarh, scribed the FIR about the said incident, which had occurred on 11.1.1976 at 5.00 AM and lodged it at G.R.P. police station out post, Azamgarh on the same day at 10.20 AM against the unknown dacoits. ACCORDING to the FIR version, informant Chand Dev was travelling in the said train along with constable Surya Narain Lal. Two of the other constables Shyam Narain Shukla and Tara Singh had also boarded the train. Dacoity was alleged to have been committed in the running train and the informant had witnessed one person falling out of the train near outer signal and had also witnessed 2 or 3 assailants jumping out of the train near Sanjarpur halt. From the inquiry by the informant two of the army soldiers namely Nayak Musafir Tiwari and Nayak Hare Ram Ojha of 75 - Jammu Battalion had informed the informant that the miscreants were armed with country made pistols and knives. After registration of FIR, crime was got investigated and during investigation, appellant and three other miscreants were apprehended, who were put for identification. Accused-responded Shamim Beg was correctly identified by three witnesses but rest of the apprehended accused could not be identified and, therefore, on 20.3.1976, a charge sheet was submitted against the accused-respondent. A.P.O. forwarded the said charge sheet to the Court of C.J.M., Azamgarh on 18.6.1976, on the basis of which cognizance was taken on the same day and 13.8.976 was fixed for appearance of the accused. After looking to the prosecution papers, case was committed to the court of sessions where charge was framed against the accused-respondent on 28th July 1980, under Section 395 I.P.C. by VIII-Additional Sessions Judge, Azamgarh. The said charge was denied by the accused-respondent, who claimed to be tried.

(3.) THE appeal lacks merit and is hereby dismissed.