VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) J. N. Dubey, J This appeal is directed against the judgment and order dated 12th May, 1988 of Sri Muhi-Ul-Islam, VIII Additional Sessions Judge, Moradabad passed in Sessions Trial No. 281 of 1984 convicting and sentencing the appellants under Section 392, I. P. C. for three years R. I. and under Section 411, I. P. C. for two years R. I. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution is that on 19th May, 1993 Girish Kumar, PW 3 alongwith his driver Jagdish Prasad PW 4 and servant Dinesh Kumar were going from Delhi to Bareilly in an Ambassador Car. When they reached Kashipur Tirha on Moradabad-Rampur road at about 6. 00 p. m. three persons -one sub- Inspector of Police, one Police Constable and one civilian stopped their Car. THE Sub-Instector of Police told Girish Kumar that he had received information that they were indulging in smuggling and therefore he wanted to search their vehicle. Girish Kumar readily agreed to give search of the vehicle. THE Sub- Inspector of Police took them to a lonely place where he searched the Car and robbed them of Rs. 1,00,000 which were lying in the desk-board. THE Sub-Inspector of Police was short statured with small pox marks on his-face. He was wearing police dress without name plate and was armed with pistol. THE Police Constable was tall, slim with black complexion. He was also wearing police dress without name plate and was armed with twelve bore gun. THE third person was tall, with fair complexion and was wearing ordinary dress.

(3.) ON 26th June, 1983 Inspector T. C. Tyagi, PW 13 took over the investigation for the case, on the same day he learnt that accused Brij Mohan Kaushik had been arrested by the Police Station Kotwali, Bareilly. He went to Bareilly where he found accused Brij Mohan Kaushik in police lock up. Thereafter he alongwith other police personnels took Brij Mohan Kaushik to his house where a sum of Rs. 8,600 was recovered on his pointing out from an Almirah. T. C. Tyagi prepared the recovery memo and site plan showing the place of recovery. Accused Brij Mohan Kaushik was also made ba-parda.