SALEEM ALIAS PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) Saleem has preferred this appeal against his conviction and sentence to five years R.I. and a fine of Rs. 500/-, in default, six months R.I. under Section 394, I.P.C. passed on 31.7.1978 by Sri B.P. Mehrotra, the then AddI. Sessions Judge, Mainpuri.

(2.) Prosecution case in brief is that P.W. 1 Govind Das was MuneemT and Sri Kundan Lal was owner of Sahgal Rice Mill situated near Station Road, Mainpuri at a distance of one furlong from the Police Station, Kotwali. They were sitting on their Gadtli on 7.6.1978 at about 4.45 P.M. along with P.W. 2 Sri Satyapal and Nathu Ram. Inside the Mill Pallcdars (lifters) Sarwan, Ramesh (P.W. 3) Bharat and others were working. This appellant Saleem along with Golab Jam, Shyam Vir and two other unknown persons entered that room wherein on the Gaddi the propritors were sitting. Saleem was armed with a Danda, Gulab Chandra Jam and Shyam Vir were armed with pistols. Two miscreants remained outside. These three persons closed the room inside and brandishing their pistols and Dunda threatened the persons sitting there to deliver all the cash which they had and forbade them from raising any alarm otherwise they would be killed. P.W. 2 Satyapal handed over Rs. 596/- and Nathu Ram Rs. 111/- from their pockets. When Govind Das and Kundan Lal did not give anything, they were attacked with his Danda by the appellant Saleem and then their search was taken. From the pocket of the coat of Govind Das Rs. 327/- were taken out while nothing was found from the person of Kundan Lal. Thereafter three of them after opening the door started running away, an alarm was raised whereupon the Palledars, namely, Sarwan, P.W. 3 Ramesh, Bharat and others arrived, surrounded the three persons and succeeded in apprehending them, after causing them injuries, while their two companions standing outside made good their escape. All the three persons including the present appellant were taken to the police station where written F.I.R. (Ex. Ka-5) was submitted by P.W. 1 Govind Das, on the basis of which case was registered. A revolver loaded with seven cartridges and Rs. 596/- in cash were recovered from the pocket of Gulab Chandra Jam. From the possession of Shyam Vir a revolver loaded with four cartridges and Rs. 111/- were recovered. From the possession of Saleem besides a Danda, Rs. 327/- were recovered which were looted by them at the scene of occurrence. After registration of the case, the injured were sent for Medical Examination.

(3.) On the person of Kundan Lalone lacerated wound and one abraded contusion, on the person of Govind Das one multiple contustion in an area of 6 cm x 2 cm on the top of right shoulder and two other contusions; one on the right finger and the other on the left side of middle finger were noted. On the person of accused Shyam Vir two lacerated wounds and one contusion, on the person of Gulab Chandra three abrasions, one lacerated wound and on the person of this appellant Saleem one abrasion and three contusions were noted. Injuries of all were examined on the same day at the District Hospital, Mainpuri from 6.15 P.m. to 8.45 P.M. All the three named accused were tried under Section 395 read with Sections 397,412, I.P.C. and 25, Arms Act, but they were convicted only under Section 394, I.P.C. and sentenced to five years R.I. and Rs. 500/- each as the prosecution could not prove from whose possession which of the fire-arm was recovered. On being aggrieved Gulab Chandra Jam and Shyam Vir preferred Criminal Appeal No. 2216 of 1978, while this appellant Saleem preferred separate Criminal Appeal No. 2239 of 1978. Appeal of Shyam Vir and Gulab Chandra Jam has abated due to their death.