CHOTTEY LAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgement and order dated 20.04.1982 passed by Sri Ramji Lal, Special Judge, Scheduled Offences, Mainpuri in Session Trial No. 208 of 1979 convicting the appellant under section 412 I.P.C. and sentencing him four years' R.I.

(2.) As per prosecution story, an F.I.R. was lodged with the allegation that in the night of 21/22, June, 1977 at about 11.00 p.m., there was some commission of dacoity in the house of the complainant by certain miscreants wherein his cash, jewellery and garments have been taken away by dacoits and at the time of visit of the investigating officer, a list of the alleged looted articles were handed over to him.

(3.) After registration of the case, investigation was handed over to S.I. Suraj Pal Singh and when the investigation was going on S.I. Rajpal Singh, Vishwanath Singh received information about the possession of certain garments of the dacoity. When they were in search of some wanted persons, they proceeded to the culvert of Lonayee where they found the person (appellant) wearing T-shirt of the complainant and one Pooran a Pantaloon. Hence, both of them were arrested by the police at 10.00 p.m. and from their possession, these articles were recovered from them. The appellants were taken to the police station. Articles were put in before the Magistrate for identification and the complainant Raghuvir Singh correctly identified the T-shirt and on the basis of the identification of the looted property, the Investigating Officer submitted chargesheet against both the accused and the case was committed to the Court of Sessions by the learned Additional Magistrate, Scheduled Offences, Mainpuri. Charges were framed against the appellant, who denied the same.