STATE OF U. P. Vs. DEVENDRA

JUDGEMENT

(1.) This Government Appeal has been preferred by the State to set aside the judgment and order of acquittal dtd. 30/1/1990 passed by the Additional Munsif Magistrate-IV, Bulandshahar in Criminal Case No.1288 of 1987 (New Criminal Case No.419 of 1989), under Ss. 392/411, 120-B IPC, Police Station Kotwali Nagar, District Bulandshahar by which the accused persons (respondent nos.1, 2 and 3) had been acquitted from the charges under Sec. 392 IPC.

(2.) In brief, facts of the case are that on 3/10/1985 the informant, Bhagwat Singh from PHC Unchagaon, Bulandshahar took out Rs.29,965.40 as salary of his departmental employees from the State Bank, Bulandshahar, kept the same in a leather bag and after parking the cycle at Mr. Dalmore's house in Village Hirapur, keeping the alleged bag in his hand walked away towards Bus Stand, Jahangirabad. At about 20-25 steps away from the said house at 02:00 p.m, accused Amarnath @ Pappu, Devendra @ Dablu riding on a Vicky Moped motorcycle without number plate, met with him and snatched the bag from his hand on the gun point in which there were Rs.29,965.40, a treasury register and other papers. The informant produced a written complaint Ex.Ka-1 at the Chowki, Nai Mandi, Bulandshahar on which basis chik FIR Ex.Ka-5 was prepared under Sec. 392 IPC. After investigation charge sheet was submitted, charge was framed under Sec. 392 IPC against the accused persons who denied the charge and sought for trial.

(3.) Following witnesses have been examined by the prosecution:-