ONKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) APPELLANT Onkar has filed instant appeal challenging his conviction under section 394/397 IPC and imposed sentence of seven years RI therefor passed by Ilnd Additional Session's Judge, Badaun in S.T. No. 358. of 1979, State v. Onkar, vide impugned judgment and order dated 9.2.1981.

(2.) UNFOLDED prosecution allegations against the appellant, as was scribed by Kishori Singh, at the dictation of informant Nattho Lal, PW-1, in written F.I.R. Ex. Ka.1, were that on 14.8.1977 informant Nattho Lal P.W.1 along with his maternal uncle Itwari and Sohan Pal were returning to their house from Gauri Shanker Festival, which was organized near village Aonla in District Bareilly and when they reached near culvert No. 2 in village Katya, at a distance of one and a quarter miles from village Bichaula under police circle Ujhani at 8 pm, they saw three persons sitting on the culvert. One of the miscreants pointed his country made pistol at them and asked them to hand over their entire properties otherwise they will be shot at. PW-1 flashed his torch on the miscreants, on which one of the robbers brandished his country made pistol and instigated his associates to assault the Informant and his associates on which second robber assaulted P.W.1 with knife and the third one started belaboring Sohanpal and Itwari with Lathi. Informant and his associates with folded hands requested to spare them and take whatever they want. On this, miscreants robbed them of their wrist watch, Saree, cash money, other apparels and towels etc. Being terrorised, Itwari sprinted from the spot and was chased by two robbers but could not be apprehended. One of the robbers wielding country made pistol remained with the informant and Sohanpal. He asked the informant to disclose what ever is left with him on which informant replied that he had a change of one rupee. While handing over the change to the said robber, informant and Sohanpal snatched away the country made pistol with a cartridge embedded in it's barrel and pushed the said robber on the ground and assaulted him with the butt of country made pistol and Danda. On his shrieks, other two miscreants rushed towards the informant and Sohanpal but they were threatened by the informant that they have snatched away the country made pistol and cartridge and that they have annihilated their associate and if they will make any misadventure, they will also be done to death. On this, the other two miscreants ran away from the spot, but they were clearly identified by the informant and other witnesses. The apprehended accused disclosed his identity as Onkar, the present appellant. While apprehended accused was being brought to the police out post Majhauli, a head constable along with other police persons met the informant and witnesses in the way and with their help, the apprehended accused was brought to the police station. In the way, informant Nattho Lal had dictated F.I.R., Ex. ka.-1, to Kishori Singh who had scribed it and after reaching the police station, it was lodged the same day at 9:30 p.m., after one and half hours of the incident, which was registered for offence under section 394 IPC at P.S. Sahswan, District Badaun.

(3.) INFORMANT, injured and apprehended accused Onkar were medically examined on the date of the incident at 10:05, 10:25, 10:50 and 1:15 pm vide Ex. Ka. 4,5, 6 and 7. Following injuries were noted by the doctor on their persons:-