NITYA NAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an appeal against the judg ment and order dated 31-07-1985 passed by Sri V. N. Mehrotra, the then learned Sessions Judge, Almora convict ing and sentencing the appellants under section 427 IPC for one year rigorous imprisonment. Feeling aggrieved by the said order the appellants had preferred this appeal.

(2.) SRI Mahesh Singh, appellant No. 3 is absconding for the last 4-5 years. SRI B. S. Parihar, Amicus Curiae is represent ing as his counsel. SRI Basant Ballabh, appellant No. 4 had died, hence the case against him stands abetted.

(3.) THE prosecution, in support of its case, examined Ram Prasad (PW1) who was the complainant of the case and he is the eye witness of the incident. Kustavan and (PW 2) who is also an eye witness of the incident. He reached im mediately at the place of incident, Shanker Dutt (PW 3), servant of Ram Prasad who was working with Ram Prasad in his shop at the time of the in cident. He is also an eye witness of the incident. THE head constable Prem Ram (PW 4) was a traffic constable who was posted at Daniya market and he was also present at the time of the incident at the spot. Girish Chandra Joshi (PW5) is the Investigating Officer of this case.