BADAN SINGH & OTHERS Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal No. 441 of 1982 is preferred against the judgement dated 10.02.1981 passed by Special Judge, Badaun in Session Trial No. 350 of 1980 convicting and sentencing the appellant Badan Singh under section 392 read with section 397 I.P.C. for seven years R.I. and appellants Sipattar Singh and Sher Singh under section 392 I.P.C. to undergo 7 years R.I.

(2.) The brief facts which give rise to this appeal are that the above named appellant stood charge that they all on 29.11.1977 at about 5.00 p.m. in Village Sharpur Brahampur Village road near the arhar field of one Malkhan within the circle of police station Dataganj, District Budaun robbed off Smt. Prano Devi w/o Mangli resident of village Serpur, P.S. Dataganj of her one pair of silver bangles and one silver hasli and one pair of kharua and at the time of commission of robbery one of the appellants namely Badan singh used a countrymade pistol. They were committed to the Court of Session to face the trial under section 392 read with section 397 I.P.C.

(3.) In brief the prosecution story is that an F.I.R. was lodged by one Prano Devi before the Incharge S.O. P.S. Dataganj with the allegation that Smt. Parno devi w/o Mangli is a resident of village Serpur. On 29.11.1977 she was coming back from the market along with one Mullu s/o Tuti and when they were returning, a furlong from village Senpur adjacent to the arhar field of one Malkhan, they met appellants Sher Singh, Sipattar Singh, Badan Singh, who are also the resident of Village Virahampur. Badan Singh was having a countrymade pistol and rest of the other two accused were having lathi. All these accused persons threatened the complainant and his associate and snatched one silver bangle and one Hasli and one silver Khadua and when they raised alarm, witnesses arrived on the spot, they chased the accused persons and accused persons fled away from the scene. She could not lodge this report in the evening and on the next day in the morning she along with her son came to the police station on the next day to lodge the report. On the basis of the FIR, chik report was prepared and Moin Uddin, S.I. was entrusted with the investigation who recorded the statement of the witnesses, prepared the site plan and after inspecting the site submitted chargesheet. The accused were then committed to the Court of Session to face the trial. Charge under section 392 and 397 I.P.C. were framed against the appellant. Appellant denied the charges and prosecution was asked to submit its evidence.