HARI SHANKAR PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Han - Shanker Prasad SI Baijnath Rio. Nath Bazar, P.S. Shalljanwalo District Gorakhpur has filed the present appeal against the judgment and order dated 27/4/1984, passed by Sri Raghunath Prasad, VII Additional Sessions Judge, Gorakhpur, in Sessions Trial No. 315 of 1982, The learned VII Additional Sessions Judge by the said judgment and order has directed that material exhibits 1 to 27 (one golden Hasuli, a pair of Karnphool, one golden Tikuli, one pair of Silver Payal, three silver saucons three pairs of silver kade, three silver Hasulis and one silver Payal, One Tabka, two nose rings) shall escheat to the late and shall be destined and the sale proceeds shall be deposited in the Government Treasury after expiry of the period of appeal.

(2.) The facts giving rise to the present appeal are that in the night intervening 18/19-1979 at about mid night nine or ten dacoits raided the house of appellant Han Shanker Prasad. The dacoits were variously armed. They committed dacoity in the house of the appellant and during the course of dacoity they also committed murder of Shambhu Prasad brother of the appellant. The dacoits were recognised in the light of torches and lantern. After looting the house of the appellant they also ransacked the house of Rira Lal and made good their escape. The appellant lodged First Information Report at P.S. Sahjanwa. The lists of the articles looted in the dacoity was also given to the police vide Exts. Ka-2 and Ka-3. On the loding of the First Information Report the case was investigated. During the course of infestation the Investigating officer arrested Anup Tiwari and recovered Exts. 1, 2, 3 and 4. The Investigating Officer also made recoveries of Exts. 5 to 27 from the shop of accused Jag Mohan.

(3.) After completion of the investigation charge sheet was submitted and the case was committed to the court of Sessions. Accused Anup Tiwari was charged for the offence U/s. 326 I.P.C. as well as U/s. 412 I.P.C. while accused Jag Mohan was charged u/s.412 I.P.C.