RAUNAQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dt. 16-7-1981 recorded by Sri P.N. Roy, learned sessions Judge, Moradabad, who dismissed criminal appeal No. 8 of 1981, preferred by revisionist and affirmed his conviction under S.411 of Indian Penal Code and sentence of one year's rigorous imprisonment as awarded by Sri B.C. Gautam, Munsif Magistrate, Moradabad in case No. 1656 of 1979 dt. 16-12-1980.

(2.) One gun and two live cartridges were stolen on the night of 18/19, April, 1979 at about 3 a.m. from the house of Govind Singh P. W. 1. The said gun was recovered from the possession of revisionist on 15-5-1979 giving rise to his trial under Ss. 399/402, IPC. On completion of investigation revisionist was sent up by Sri D.S. Yadav P.W. 4.

(3.) Prosecution examined Govind Singh P.W. 1 about the ownership and theft of the gun, while V.S. Singh and Yad Ram P.W. 2 and 3 respectively were examined about the recovery of the gun from the possession of revisionist on 15-5-1979 at about 11.00 p. m.