MUMTAZ Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has been preferred against the order of conviction and sentence dated 15.1.1981 passed by Shri S.K. Agnihotri, VIth Addl. Sessions Judge, Aligarh in Sessions Trial No. 166 of 1980 by which the appellant was convicted under Section 395 I.P.C. and was sentenced to undergo 5 years R.I.

(2.) Heard Shri S.S. Rajput and Shri M.S. Rajput, learned Counsel for the appellant and Shri N.L. Srivastava, learned AGA and have gone through the records.

(3.) According to prosecution, a dacoity was committed at the house of Har Prasad in village Bisawanpur Oontgir, P.S. Harduaganj, District Aligarh in the night intervening 15th and 16th days of July, 1979, at about 8.45 p.m. Eight or nine miscreants participated in the crime. It was stated that Har Prasad was busy in offering prayer on the upper story of the house and other family members were present in different places of the house. Kailash Chandra, S/o Har Prasad was listening the radio. The miscreants caused injuries to Har Prasad, Kailash Chandra and Durga Prasad. Besides looting other properties, they looted one licensed double barrel gun of Har Prasad along with the belt of cartridges. Miscreants were seen in the lantern light and torches. The dacoits were successful in making their escape good along with the booty. The miscreants have injured Har Prasad. After they left the place, Brijmohanlal, the brother of Har Prasad came and got the F.I.R prepared and handed it over at the Police Station on 16.7.79 at about 3 a.m. The police station is at thedistance of 6 k.m. away from the place. It is said that Mumtaz was arrested and licensed gun was recovered by the police. He was again sent for identification parade and it is stated that he was identified by Har Prasad and Kailash.