BHANOO Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment and order dated 19.10.1992 passed by 4th Additional Sessions Judge, Hardoi, in S.T. No. 165 of 1992, under Sections 395, 397 I.P.C., P.S. Manjhila, District Hardoi, whereby the present appellants and three other co-accused persons (non appellants) were convicted and sentenced to undergo imprisonment for a period of 10 years under Section 395 I.P.C. and for a period of 7 years under Section 397 I.P.C. Both the sentences were directed to run concurrently.

(2.) IN this case, the other three convicted accused persons namely Yogendra Prasad, Kishore and Dayaram had seperately preferred Criminal Appeal No. 434 of 1992. When that appeal came up for hearing then those appellants did not press the appeal on merits and it was pressed only on the question of sentence. This court vide judgment dated 3.3.2003 convicted the appellants for the period already undergone by them in this case and also sentenced to a total fine of Rs.12,000/- for the offences under Section 395 and 397 I.P.C. In default of payment of fine they were directed to undergo rigorous imprisonment for a further period of one year each and three months' time was given to those appellants to deposit the fine.

(3.) IN brief the case of the prosecution, as per F.I.R. is that in the night intervening 11/12.1.1991 complainant Naresh was sleeping outside his house in the 'Tarwaha'. In the night at about 1.00-1.30 a.m. Suddenly 12-13 miscreants reached near him and one miscreant with the help of a ladder trespassed into the house of the complainant and unbolted the main door. Thereafter all the accused persons entered his house. When his wife raised alarm then she was given blow with knife. Hearing the noise all the inmates of the house woke up, the accused persons ran away after looting the house hold, goods and other property. They were seen by the villagers namely Lalta Prasad, Ram Nath, Tika Ram and Ram Chander, who reached the place of occurrence on hearing the noise. F.I.R. of this case was lodged against unknown miscreants by P.W.2. Naresh. During course of investigation the appellants along with other accused persons were arrested and in the test identification parade total six accused persons were identified by the witnesses. Therefore, charge-sheets were filed against them.