RAJVIR Vs. STATE OF U P

JUDGEMENT

(1.) - This is a criminal appeal against the judgment and order dated 13.4.1988 passed by the then special Judge (Anti Dacoity), Budaun in Special session Trial No. 56 of 1986 State v. Rajvir and another convicting the accused-appellant under sections 342 and 392 I.P.C. and sentencing him to three years Rigorous Imprisonment respectively thereunder.

(2.) The prosecution case briefly stated is that Fateh Chandra P.W. 1 son of Mohan Lal is a resident of village Behari Ki Gauntia, P.S. Kunwargaon, District Budaun, Dhan Singh P.W. 2 is his uncle. A partition suit was going on between Dhan Singh and Fateh Chandra in respect of their residential house in the civil court Budaun. On 12.2.1985 they came to the Budaun Railway station by a train. At about 10.00 A.M. they got down at the said Railway Station. When they were going from the Railway Station, the accused-appellant intercepted them. He took them to his quarter saying that he had some work with them. In his quarter both Fateh Chandra and Dhan Singh were confined and the Kundi of the room was put on the door of the quarter from inside. Fateh Chandra was beaten and a sum of Rs. 250/- was also snatched from the pocket of his shirt. Fateh Chandra subsequently went to Bareilly to his uncle Budhsen, who was working as a store clerk in the North Eastern Railway workshop, Izatnagar. He narrated all about what had happened. Badhsen sent applications to the different authorities including the director general of Police Lucknow. The application EX.Ka-3 was received at the police station Civil Lines, Budaun. On that basis a chick report Ex. Ka. I was prepared and a case was registered in the General Diary. The investigation into the case was entrusted to the then S.1. Balbir Singh P.W. 4, who after completion of the investigation into the case, submitted charge-sheet against the accused-appellant Rajvir.

(3.) The prosecution examined Fateh Chandra P.W.1, Dhan Singh P.W.2, Head Constable Ompal Singh P.W. 3 and S.I. Dalbir Singh P.W.4 and relied upon certain documents in support of its case.