RAGHUBIR Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. The then Vth Additional Sessions Judge, Etah vide his judgment and order dated 11-9-1979 convicted the accused Raghubir Singh, Karan Singh, Man Singh and Suraj Pal under Section 399, I. P. O. and sentenced them to undergo 5 years' R. I. He further convicted and sentenced them under Section 402, I. P. C. and ordered them to undergo a 3 years' R. I. The accused Raghubir, Karan Singh and Man Singh were also convicted under Section 25, Arm Act and sentenced to undergo one year's R. I. Accused Suraj Pal was convicted under Section 25, Arms Act and sentenced to undergo six months' R. I. All the sentences were ordered to run concurrently.

(2.) THE prosecution case started on the basis of F. I. R. lodged at the police station on 28-12-1976 at about 5 a. m. THE incident is said to have taken place in the night of 27/28-12-1976 around 1. 30. THE distance of the police station is 5 miles.

(3.) THE prosecution examined PW 4 Sri Babu Lal Verma, then S. O. , the leader of party No. 1. He has given the detailed version of the prosecution story as contained in the recover memo.