BUNDU Vs. STATE OF U P

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 31st January, 1979 passed by Sri R.S. Agarwal, the then learned Additional Sessions Judge, Aligarh in Session Trial No. 19 of 1978 convicting the appellant-accused under section 392 I.P.C. and sentencing him to four years Rigourous imprisonment thereunder.

(2.) The prosecution case briefly stated is that on 14.8. 1977 the informant Smt. Shakuntala Devi wife of Surendra Pal Singh, resident of Race Course Colony, Bulandshahr alongwith her sister Smt. Rajendri Devi was going by a Rickshaw from Raghubirpuri to the Hydel Colony Lal Diggi. Vikaram Singh, husband of Smt. Rajendri Devi was going ahead of them by a cycle. As soon as their Rickshaw reached the turning of the Anona House after crossing the Railway crossing, two persons (one following the other on cycles) came from the opposite direction. One who was ahead of the other, snatched away a golden chain from the neck of Smt. Shakuntla Devi at about 1.30 P.M. She and her sister got down from the Rickshaw and raised alarm, hearing which Vikaram Singh, Ram Kishan Tiwari, Hasin Uddin resident of Shamshad Market, Ahmad Ali and Ishaq resident of Anona House and many others while raising alarm, chased the miscreants, who, however, whipped out the knives and threatened the witnesses to face dire consequences. As soon as both the miscreants reached the Railway crossing, a Rickshaw-puller, who was standing there tried to catch hold of them. The miscreant, who had snatched away the said golden chain, threatened to kill him. But the Rickshaw puller not caring for his life, caught hold of him, who assaulted him on his chest with a knife. Consequently, the Rickshaw-puller fell down and died on the spot. The miscreants ran away towards the west.

(3.) Smt. Shakuntla Devi lodged the First Information Report Ex. Ka- 1 about the incident at P.S. Civil Lines, Aligarh. None was mentioned as an accused in this report. It was, however, mentioned in it that the witnesses could identify the miscreants in the event of being produced before them. On the basis of the First Information Report, a chick report was prepared and a case was registered.