MUNSHI Vs. STATE OF U P

JUDGEMENT

(1.) Munshi, convict-appellant, has preferred this appeal against the judgment and order of Sri R. M. R. Khanna, Sessions Judge, Budaun dated 2.4.1977 convicting and sentencing the appellant under Section 394 I.P.C. to 7 years R.I. and under Section 302 I.P.C. to imprisonment for life. Both the sentences were ordered to run concurrently.

(2.) The prosecution case is that Desh Raj, deceased, aged about 45 years, was resident of village Bans Barauli within police station Bilsi, district Budaun. He was a teacher in village Dudhauni. On 30.8.1975 he had gone to the house of his relation, Manohar LaL. In village Surajpur, police station Alapur. Munshi, appellant, who is resident of village Surajpur, happened to exchange his currency note of Rs. 100/- from the deceased who obliged him by supplying the change. In the process, the appellant happened to see the cash being carried by the deceased on his person.

(3.) On 31.8.1975 at about 11 a.m. the deceased was on his way to Budaun. He intended to purchase some furniture at Budaun for the marriage of his brothers daughter. When he reached between Surajpur and Jhundpur and was moving along the Mend of fields, the appellant assaulted the deceased with knife and relieved him of Rs. 300/- cash from the pocket of his shirt. On the alarm raised by the deceased many persons from the adjoining fields arrived there. They happened to see the occurrence. In the struggle the knife of the appellant was snatched away by the deceased. However, the appellant made good his escape.