BHULOTAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order of Sessions Judge, Ballia, convicting and sentencing each of the appellants to five years R.I. under section 395, I.P.C.

(2.) A first information has been lodged at 8.30 p.m. on 7.5.1975 at police station Bansdih Road, District Ballia. It was alleged in the first information report that at about 1.00 p.m. in the night between 6th and 7th May, 1975, thirteen to fourteen dacoits including the appellants had raid had the Dera of Suresh (P.W.3) and forcibly took away four she buffaloes and one calf. When objected, they had assaulted the father of Suresh, the reporter Shea Sagar and Manjesh. After taking the cattle, they had gone towards north. When they were taking the cattle, the witnesses had tried to apprehend them, but they could not do so on account of threats of the dacoits.

(3.) After the report, the investigation was taken up by Gautam Shukla (P.W.4). He had sent the injured to Ballia Hospital for medical examination. He had prepared site-plan and, after interrogating the witnesses and inspecting the lantern and the torch allegedly used at the time of occurrence and conducting other investigations had submitted the charge-sheet.