KAILASH CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mukesh Joshi, learned counsel for the Appellant; learned A.G.A. for the State and perused the record.

(2.) The present appeal is preferred against the judgment and order dtd. 12/9/1984 passed by VIII Additional Sessions Judge, Etah in S.T. No.662 of 1983 (State Vs. Kailash Chandra), whereby the Appellant has been convicted and sentenced under Sec. 411 I.P.C. for three years rigorous imprisonment.

(3.) The prosecution case as per the first information report is to the effect that one Jagan Lal has lodged a first information report on 28/2/1983 at 8.15 am with the allegation that Aunt (Chachi) of the informant namely Yasoda was living alone in her house and in the intervening night of 27th / 28/2/1983 when she was sleeping alone in her house and did not come out for long time, then the wife of the informant, namely Uma knocked the door of the Yasoda. However, no response was given from inside the house and the house was found locked from inside. Thereafter, wife of the Informant-Uma informed about the aforesaid fact to the Informant. Informant and his brother Janki and Ram Ratan came and called Yasoda from outside. However, there was no response from inside the house. Thereafter, they went to the terrace of their house to look into the house of Yasoda and found that at the back of the house there was an entry in the wall and when they entered from the aforesaid, they found that the deceased was lying dead on the cot and her right hand and left leg was tied and the mouth was gagged with cloth and the jewellery (10 lacche of silver and earrings of gold) which the deceased wore daily were missing. On the aforesaid basis, a first information report was lodged being Case Crime No.67 of 1983 under Sec. 460 I.P.C. at Police Station Aliganj, District Etah.