BUDHA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal by the three appellants Budha Ram (A1), Pheran Singh (A2) and Jagat Singh (A3) are to their conviction u/s 394/397 IPC and implanted sentence seven years R.I. Appellant Jagat Singh (A-3) has further challenged his conviction u/s 411 IPC and imposed sentence two years R.I. therefore. All these conviction and sentences have been recorded by Additional Session's Judge, Lalitpur, in S.T. No. 12 of 1979, State Vs. Kashi Ram and four others, relating to P.S. Narahat, district Lalitpur, vide impugned judgement and order dated 21.8.1981.

(2.) Stated laconically, allegations against the appellants were that on 18.11.78, informant Musharraf Khan (P.W.1) and HarishChandra (P.W.2), both resident of village Narahat were drappers, and they had gone to Dongara Bazar on their cycles, to sell their ready-made cloths, towels etc. Tulsi (P.W.3),another co-villager, had also gone there, same day, to sell his plastic shoes. Together they all started their return journey to their houses at 6.45.p.m.(PW1) was moving ahead of rest of the two and was followed by (PW2) and then (PW3). Till 7.30 p.m. they covered a distance of two KMs from Dongara and reached on the link road between Dongara and Bagaria, where, they were rounded up by four miscreants, who assaulted (PW1) & (PW 2) and decamped with their bundles of ready-made clothes and towels etc. worth Rs. 1400/= or 1500/= and Rs.800/= respectively, which were tied on their cycle careers. They were also robbed of their cash money of Rs. 200/ & Rs. 107/= respectively. Two of the robbers one each was armed with country made pistols and a lathi and rest of the two were armed with spears. The robbers were identified in the flashed torch light by (PW3). After committing robbery, miscreants escaped towards agricultural fields and eloped. Regarding their identities they were of young age with bulky body and one of them was short structured and they were conversing in local dialect. Carrying their cycles in hand (PW1) and (PW2) came to Bagaria road and, from there, they boarded a bus and came to police station Narahat, where informant( P.W.1) dictated oral FIR, Ex.Ka-1, which was registered at 9.15 P.M. as Crime No. 67 of 78, u/s 394/397 IPC.

(3.) Head Moharrir, Shiv Baran Singh, vide G D No. 23, had registered the crime by preparing chick FIR, Ex.Ka1, which was proved during trial by first Investigating Officer, S.O. Kamta Prasad, P.W. 19.