JANG BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Jang Bahadur has preferred the present appeal against the judgement and order of Vth Additional Sessions Judge, Bareilly dated 12.2.1982 whereby he has been convicted for offence under Section 412 I.P.C. and has been convicted to a rigorous imprisonment for a period of three years.

(2.) THE prosecution version as it has comeforth in the F.I.R. lodged by Dr.Umesh Chandra Sharma, a veterinary doctor is that on 5.7.1974 at about 9.00 or 10.00 p.m. he alongwith his family members were present inside the house. The petromax was available as the source of light. That four unknown miscreants trespassed into his house and looted the ornaments and valuables inside the house. The miscreants after giving effect to the robbery, bolted the inmates of the house inside the room. While living the house, the miscreants also took away the Lambreta Scooter of the complainant bearing Registration No.USN 3901.

(3.) DURING the course of investigation, in the same night at about 2.00 a.m.,the appellant and co -accused Munna Lal were arrested by the police alongwith the contraband weapons. They were lodged to the police station. So far as the present appellant is concerned, it is said that at the time of his arrest by the police, he made confession about the guilt and volunteered to hand over the stolen Lambreta Scooter, he concealed in the nearby pond. The appellant took the police party to the pond and took out the scooter lying under the water and handed it over to the police party. The recovery memo was prepared and the appellant was lodged to the 'Hawalat' after making him 'Baparda'.