JAGAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 8th September, 1987 passed by Sri P.K. Jain, the then Sessions Judge, Orai in ST No. 37 of 1984 whereby the appellant was found guilty for the offence punishable under section 411 IPC and 25 of Arms Act, and was sentenced to undergo RI for 18 months and 9 months respectively.

(2.) THE appellant along with Balram and Ravindra Singh was tried for the offence punishable under sections 302/34 IPC, 120 -B, 380, 411 and 404 IPC . The appellant was further charged for the offence punishable under section 25 Arms Act. The allegation was that all the aforesaid accused have conspired to commit murder of Baba Gandharva Singh (father of co -accused Ravindra Singh) and in the night of 13/14th August, 1983 he was killed in his bedroom situated in his residential house near his petrol pump on Kalpi - Orai road in the vicinity of village Chaursi, P. S. Kotwali Orai, District Jalaun. A rifle and cash etc. were stolen from the room.

(3.) THE learned Sessions Judge through the impugned judgment has acquitted the other two accused on all the counts and the appellant was also found not guilty for the offences punishable under sections 302/34, 120 -B, 380, 404, 411 IPC. However, he was convicted for the offence punishable under sections 411 IPC and 25 Arms Act as he allegedly got the riffle of the brother of deceased recovered from the house of his brother's brother -in -law Ram Swarup situated in village Chaursi. The said riffle was allegedly stolen by the unknown miscreants along with other cash etc. from the bedroom of the deceased after committing his murder. Thus, for brevity, only the facts and evidence pertaining to the charge levelled and found proved against the appellant under section 411 IPC and 25 Arms Act, which are relevant for the disposal of the appeal, would be referred hereinafter in the judgment.