SAJID Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. Accused Sajid, Manjoora and Akbar have been convicted on a charge under Section 395, I. P. C. and sentenced to undergo 5 years' R. I. Accused Nanhey has been convicted on a charge under Section 412, I. P. C. and sentenced to undergo 5 years' R. I. The order of conviction and sentence was recorded by the then IV Additional Sessions Judge, Moradabad by his judgment and order dated 23-11-1979 passed in S. T. No. 636 of 78, District Moradadad.

(2.) THE complainant Masudul Hasan, PW 1 lodged the report at the police station Hayatnagar, district Moradabad on 27-11-1977 at 4 p. m. THE distance of the police station is 7 miles. THE incident is said to have been taken place on 26-11-1977/27-11-1977 at 12 midnight. It is alleged in the F. I. R. that in the night of occurrrence the complainant was sleeping at his tubwell. His servant Ghulam was also there (Ghulam not produced ). At about 12 midnight, the complainant got up to make water when he was arrested by six persons. One of them had single barrel gun, two had pistols and three had lathies. On the point of gun, they removed two pattas of the tubewell, one bucket, one cushion, one wrench and one bag of calcium fertiliser. In the electric light, Sajid and Esmail (Esmail died) were identified. In the morning, Abdul Salam, PW 5 informed the complainant that the dacoits had committed dacoity at his tubwell also. THEreupon, some people were gathered in number of about 20 and they proceeded towards the house of Sajid. He was not available. THEreafter, they went to the house of Esmail. Four persons were present there. THEy tried to run away but they were arrested on the spot by these people. THEy included Sajid, Esmail and two other unknown persons. One of them was using guilt and the other was using khes of Abdul Salam. THE names of these persons were also revealed by them as Manjoor and Akbar. THEy further said that two other persons, namely Fazal and Chhotey wire also in their company while committing dacoity and they had taken most of the looted goods. Further pressure was applied. THEse persons revealed that they had committed dacoity earlier also. THEreafter, this party went to the house of Nanhey and Fazal. Nanhey was arrested on the spot and from his possession from a sugarcane field, two pattas of the tubewell were recovered. Fazal was not available. THEreafter all these goods and the arrested accused were brought to the police station.

(3.) ACCUSED Sajid, Manjoora, Akbar and Nanhey and Fazal were tried together. Fazal has been acquitted by the learned Additional Sessions Judge, The remaining four accused were convicted and sentenced as noted above.