SURESH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.N. Mishra, learned Senior Advocate for the appellant and Sri S.D. Yadav, learned AGA for the State.

(2.) This appeal under Section 374 Cr.P.C. has been filed by Suresh s/o Jwala Jat assailing the correctness of the judgment and order dated 27.8.1982 passed by the Additional Sessions Judge-I, Mathura in Sessions Trial No.70 of 1981, State vs. Suresh, convicting the appellant under Section 392 IPC and sentencing him to three years rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine to undergo three months further rigorous imprisonment.

(3.) On 5.1.1981 at about 9.30 p.m. the complainant Dori Lal and his wife Saroj were sitting in the gallery of their house, a lantern was burning and was hanging by the peg. Their daughter Km. Meena and two other children were sleeping in the room. Two bandits entered into the house from the northern side. One of the bandits caught hold of Saroj and the other caught hold of Dori Lal and asked them to handover the valuables. At the same time two other bandits entered and one of them went to the roof and the other came inside the house. The three bandits inside the house ransacked the house and collected all the possible valuables including the gold-bangle and ring from their daughter Km. Meena. The complainant recognized the three bandits as Ratan Singh, Amar Singh and Suresh. Dori Lal raised alarm upon which Kanhaiya Lal and Hari Ram came to their house. Kanhaiya Lal fired shots. One of the shots of Kanhaiya Lal misfired causing injury in his hand. In the early morning Dori Lal got the report written through his brother Om Prakash and reported to the police station. Kanhaiya Lal was also medically examined.