BANWARI Vs. STATE

JUDGEMENT

(1.) ACCUSED appellant Banwari and Chhotey Lal who stood trial on the charge under Section 393, I.P.C. before Special Judge, (dacoity affected area) Kanpur Dehat in Special Session Trial No. 4 of 1986, were found guilty and were sentenced to rigorous imprisonment for 3 years each and to pay fine of Rs. 500 and in default to undergo imprisonment of three months each. Aggrieved by the same both have preferred appeal from Jail. Sri Raghuraj Kishore was appointed as amicus curiae but unfortunately he has not appeared today before the court.

(2.) I have gone through the record of the case alongwith the learned counsel for the State and proceed to dispose it.

(3.) THIS was only about the first information report, I will next come to the evidence itself as from the first information report it cannot be said that it was not the case where no offence was disclosed. The offence as disclosed by the first information report could be an attempt to commit theft and causing hurt separately punishable under Sections 379 and 323, I.P.C. However, that too will be only against Banwari as there was no specific allegation against Chhotey Lal.