HASEEN @ CHHOTU Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been filed by the revisionist against the order dated 3.10.2013 passed by the Metropolitan Magistrate, Court No. 2, Kanpur Nagar whereby the revisionist has been convicted and sentenced to undergo simple imprisonment for one and half years with fine of Rs.500/ - with a default stipulation and the order dated 30.7.2014 passed by the Addl. Sessions Judge, Court No. 10, Kanpur Nagar whereby the appeal of the revisionist was dismissed and the order passed by the learned Magistrate was affirmed.

(2.) BRIEFLY stated the facts of the case are that a first information report was lodged by Surendra Singh Sachan on 12.8.2012 at police station Kidwai Nagar, Kanpur Nagar with the allegation that he was going with his wife Damyanti to Sapna Palace Guest House to attend a ceremony. After parking his Car the complainant alongwith his wife was proceeding near Parag Dairy Temple, at about 3.50 p.m. when two persons reached near them on a Pulser Motor Cycle and the pillion rider snatched the gold chain of the wife of the complainant and on being chased they ran away brandishing country made pistol. A report has been lodged on 12.8.2012 at about 5.25 p.m. being Case crime no. 315 of 2012 under section 392 I.P.C. against two unknown persons. After collecting the reliable evidence the Investigating Officer submitted a charge sheet under sections 392 and 411 I.P.C. against the revisionist and co accused Salim alias Sallu. The accused persons denied the charges and claimed trial.

(3.) DURING trial the prosecution has produced P.W. 1 Surendra Singh Sachan, P.W. 2 Smt. Damyanti, P.W. 3 Constable Saroj Kumar, P.W. 4 - Sub Inspector, Satyadeo Singh and P.W. 5 constable Nikhil Kumar in order to prove its case. The accused persons had taken the defence that they had gone to surrender in case crime no. 314 of 2012 under section 392 and 411 I.P.C. on 18.9.2014 and the police has falsely implicated them in this case. The complainant and his wife have not identified the accused persons in Court. The prosecution has proved recovery of the gold chain from the possession of the accused - Haseen alias Chhotu -revisionist on a disclosure made by the accused himself. Considering the evidence on record, the court below acquitted the revisionist under section 392 I.P.C. but convicted him under section 411 I.P.C. and awarded sentence as aforesaid. Another accused Salim alias Sallu was acquitted of the charges under sections 392 and 411 I.P.C.