CHANDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgement dated 29.01.1982 passed by 9th Additional Sessions Judge, Agra in Session Trial No. 97 of 1979 connected with Session Trial No. 244 of 1978 under section 395 I.P.C. convicting and sentencing the appellant with 7 years' R.I.

(2.) The brief facts which give rise to this appeal are that two session trials no. 244 of 1978 and 97 of 1079 were committed to the Court of Sessions by Munsif/Judicial Magistrate, Agra to face the trial under section 395 I.P.C. in Session Trial No. 244 of 1978, the accused are Dev Lal, Jagdish, Rameshwar, Amar Singh and Jagat Singh and in Session Trial No. 97 of 1979 the sole accused was Chandra Pal.

(3.) On the allegations made by the prosecution accused of both Session Trial No. 244 of 1978 as well as Session Trial No. 97 of 1979 were charged under section 395 I.P.C. and accused Amar Singh under section 412 I.P.C. All the accused denied the prosecution case and pleaded not guilty to the charges framed against them and claimed trial. They have also denied their participation in the alleged offence as well as recovery of property from their possession.