LAWS(ALL)-2014-7-259

CHANDRIKA Vs. STATE OF U.P.

Decided On July 17, 2014
CHANDRIKA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This revision has been preferred against the Judgment of the 7th Additional Sessions Judge, Varanasi dated 13.4.1988 in Criminal Appeal No. 12 of 1988 upholding the sentence and conviction passed by the Judicial Magistrate, Varanasi dated 21.1.1988 under Section 411 I.P.C.

(2.) Brief facts of the case are that a report was lodged by the comp lainant that during the night of 16/17th June 1982, some unknown miscreants broke open the door of the room and committed theft of his pumping set and the thieves also robbed the pumping set of Radheshyam son of Megh Narain Rai kept in the same room. The matter was reported to the police Station by Radheyshyam on 18.6.1982 on the basis of which a case under Section 380, 457 bearing Case Crime No. 25 of 1982 was registered against unknown persons. During the course of investigation, the name of accused persons Chandrika Prasad and Raj Kumar came into light who confessed before the police of having committed theft and the said pumping set was said to have been recovered on their pointing out. The recovery was said to have been done from the house of Smt. Abhiraji, who was also main accused in this case.

(3.) Charges were framed against the accused persons under Sections 380, 457, 411 I.P.C. The accused denied the charges and claimed trial.