JATAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal by Jatan Singh, son of Mahabir Singh Rajput, aged about 30 years, resident of village Beldra, P. S. Kandhala, District Muzaffar nagar, Is directed against the judgement dated 7.2.1979. passed by Sri A.L. Srivastava, Additional Sessions Judge, Saharanpur, whereby he was convicted under Section 395 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 5 (Five) years and also to pay a fine of Rs. 2,000, or in default of payment of fine to further undergo R I. for six months.

(2.) THE accused-appellant alongwith Jabar Singh, Richpal, Krishanpal and Santa alias Santram and Mahabir Singh was charged under Section 395 of the I.P.C. for having looted on 13.8.1977 at about 7.15 p.m. Bus No. HRR 189 at puliya of village Beladra on Hardwar-Lakhnauti Road in the area of P. S. Badgaon along with certain other culprits. THEy were also charged under Section 397, I.P.C. for having used fire-arms and voluntarily causing hurt to the passengers of the said Bus. Richpal, Sant Pal and Mahabir accused were further charged under Section 412, I.P.C. for having been found in possession of looted property, viz. wrist-watches belonging to the passengers of the aforesaid Bus.

(3.) THE learned Additional Sessions Judge believing the prosecution version and disbelieving that of the accused held them guilty under Section 395, I.P.C. and sentenced them to R. I. for five years and a fine of Rs. 2,000 each, or in defalut of payment of fine, the defaulter will further undergo R. I. for six months.