ABRAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) A set of appellants Abrar Ahmad and Ram Pal @ Baboo have approached this Court in its appellate jurisdiction being aggrieved by their conviction under Section 395 I.P.C. and impose sentence of five years R.I. imposed by XIIIth Additional Session's Judge, Kanpur vide impugned judgement and order dated 22.4.92 recorded in S.T. No.235/M of 1981, State Versus Satya Narain Singh & others, relating to P.S. Bidhnoo, District Kanpur.

(2.) Briefly narrated prosecution version against the appellants, as was scribed in written report Ext. Ka-1 by Babu Ram, was that in the night of 2/3 January 1981, in between 11.30 to 12.00 mid night, five named accused along with 7/8 other miscreants raided house of the informant Babu Ram, Mauji Lal, Siya Ram and Mohan Lal in village Beni Purwa Hamlet of Pipergaon, P.S. Bidhnoo and committed dacoity in these houses armed with deadly and blunt weapons. During course of the dacoity, four persons Siya Ram, Savitri, Babu Ram and Mohan Lal had sustained injuries. Informant, after scribing his F.I.R. Ext. Ka-1, covered a distance of eight miles and lodged it at police station Bidhnoo on 3.1.81 at 8.15 a.m. against the named dacoits who were Satya Narain Singh (armed with Kulhari "Axe"), Ramraj Singh and Ashok Singh (both armed with lathi), Jagdish Yadav (armed with gun) and Ram Pratap Singh (armed with hockey) and unnamed dacoits. The incident is alleged to have been witnessed in the light of torches, lantern and stack of hay pyre, which was ignited during commission of dacoity. During investigation, out of unnamed three of the accused Abrar Ahmad and Ram Pal Singh @ Baboo, (both appellants) and one Balwan Singh were apprehended and their identification was conducted on 4.2.81 by P.W.4 Sri G.P. Thaparial, Special Executive Magistrate. Babu Ram P.W.1 and Sohan Lal P.W.2 have correctly identified both the appellants without committing any mistake.

(3.) Registration of the crime was done by preparing Chik F.I.R. Ext. Ka-6 and relevant GD entry. Investigation into the offence commenced and ultimately, accused persons were charge-sheeted on 14.2.81 for offences, under Sections 395, 397 IPC vide Ext. Ka-24. Another accused Ashok Singh was separately charge-sheeted on 28.2.81 vide Ext. Ka-25. Identification memo of appellants is Ext. Ka-2.