KAMLESH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused/appellant Kamlesh challenging the impugned judgment and order dated 05.07.1994 passed by Special Judge (D.A.A.), District-Jhansi in Sessions Trial No. 23 of 1993 (State of U.P. v. Brindavan and others) ; Crime No. 22 of 1993, Police Station Moth, District Jhansi, whereby accused/appellant was convicted and sentenced under Section 394 read with Section 397 IPC with seven years' rigorous imprisonment and under Section 302 read with Section 34 IPC with life imprisonment and both the sentences were ordered to run concurrently.

(2.) The brief facts of the case are that a written report Ex. Ka-1 scribed by complainant Vinod Kumar (PW-1) himself was lodged at Police Station Moth on 31.03.1993 at 5.45 a.m. against unknown persons alleging therein that on 31.01.1993 he along with his father Sonelal (driver) was carrying the goods in truck No. UMO 9780 from Madras to Oraiya and when they reached near village Amara at Jhansi-Kanpur Road at about 5.00 a.m., the wheel of his truck got punctured. The moment when the wheel was being changed, four miscreants reached there, out of them two were armed with Tamancha, one was armed with spade (Gainti) and the last one was armed with iron rod, and started beating them and one miscreant fired on Sonelal, due to which he got injured. Rs. 30,000/- and two wrist watches (Make Alvin and Jyco) which were kept in black sweater, were also snatched. Another truck bearing registration No. UP-78B-1796 of the same company accompanying with him was also parked there, in which also loot was committed and its occupants beaten up. The injured Sone Lal was brought to Medical Hospital, Moth, where he died. He also alleged that he and his companions of another truck can recognize the looted articles as well as the miscreants if they were produced before them.

(3.) On the basis of this written report Ex. Ka-1, formal chik report Ex. Ka-19 and G.D. Ex. Ka-29 were prepared on 31.01.1993 at 5.45 a.m. and the case under Sections 394/302 IPC was registered against unknown persons.