BIRENDRA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dated 04.04.1991 passed by Sixth Additional Sessions Judge, Gonda in ST No. 123 of 1991 (State Vs. Prahlad Singh and others) under Section 458, 459 IPC, Police Station Intia Thok, District Gonda whereby the appellants were found guilty and sentenced to three years' rigorous imprisonment each under Section 395 IPC.

(2.) Filtering out unnecessary details, the prosecution case is that the informant is resident of Ram Nagar Sarkand, Police Station Intia Thok, District Gonda. He lodged a written report on 17.11.1988 stating that in the intervening night of 16/17.11.1988 in the mid night some miscreants entered his house and started leaving the house after taking some gold ornaments and other clothes. The informant woke up and raised hue and cry. The informant, his wife and nephew went towards the miscreants at which Ram Surat was assaulted. Out of which he could identify Prahlad and Virendra. Investigation was entrusted to the Investigating Officer which ended into a charge sheet.

(3.) The prosecution proceeded to examine seven witnesses.