PHOOL CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.P. Singh Parihar, learned counsel for the appellant and learned A.G.A. for the State.

(2.) This criminal appeal has been instituted against the judgement and order dtd. 20/10/1995 passed by IVth Additional Sessions Judge, Fatehpur, in Sessions Trial No. 508 of 1990, State Vs. Deshraj Singh and others, arising out of Case Crime No. 91 of 1988 u/s 395/397/412 and connected Sessions Trial No. 286 of 1995, State Vs. Phool Chandra, arising out of Case Crime No. 94 of 1988 under Sec. 25 of Arms Act, P.S.- Jafarganj, District- Fatehpur. The trial court convicted and sentenced co-accused Deshraj Singh Thakur, Shiv Kumar Yadav and Lakhan Lal under Sec. 380 IPC. They were acquitted from the charge under Sec. 395 IPC. The trial court convicted appellant accused Phool Chandra under Sec. 411 IPC and sentenced him two years rigorous imprisonment. The trial court acquitted Phool Chandra from the charge under Ss. 395 and 412 IPC. The trial court also acquitted appellant accused under Sec. 25 of the Arms Act. There is no criminal appeal filed by the State or informant against acquittal of appellant-accused u/s 395 IPC and 25 Arms Act. Thus, the trial court's order acquitting the accused u/s 395 I.P.C. and 25 Arms Act has become final.

(3.) Briefly stated the facts of the prosecution case are that in the night of 15/16/12/1998, accused Deshraj Singh, Thakur, Shiv Kumar Yadav and Lakhanlal Lohar along with two or three other persons entered in the house of informant, Murlidhar through a wooden ladder. Due to the noise of knocking, the informant, Murlidhar awoke and saw that about 5 or 6 persons including the above accused were carrying household material after committing the theft. The informant raised alarm then his neighbours, Rajwa, Banshi and Faujilal came on the spot, who saw the accused carrying the household materials. The witnesses chased them but the accused could not be apprehended. The accused committed theft of the clothes which were being sold by the informant. Later on, the informant prepared a written report and went to the police station on 16/12/1988, where he lodged the F.I.R. at 9.30 a.m. The case was registered as Case Crime No. 91 of 1988 u/s 457/380 I.P.C. and investigation was started.