LALLA BHAIYA Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant accused Lalla Bhaia against the impugned judgment and order dated 31.3.1986 passed by the Trial Court / Special Judge (Anti-Dacoity), Jalaun at Orai in Sessions Trial No.65 of 1985 (State Vs. Lalla Bhaia). By means of impugned judgment and order learned Trial Court has convicted the appellant accused for the offence under Section-392 read with Section-397 IPC and Section-14 of U.P. Dacoity Affected Areas Act, 1983 and sentenced him to undergo rigorous imprisonment for a term of 4 years.

(2.) It is pertinent to mention here that no appeal has been filed on behalf of the prosecution / State of U.P. for enhancement of sentence as awarded by the Trial Court.

(3.) The case against the appellant accused had arisen on the basis of written report filed by the informant/complainant Ramesh Chandra, resident of Village-Pindari, Police Station-Ait on 5.5.1985 at about 12:10 P.M. at Police Station-Ait. The facts mentioned therein are that on 2.5.1985 complainant alongwith his sister-in-law (Bhabhi) and children had gone to Village-Birguwan Bujurg to attend the marriage ceremony at the house of his phufa Puran Singh Niranjan. After attending the marriage ceremony, the complainant was returning on 4.5.1985 alongwith his sister-in-law (Bhabhi) and children to his village and at about 6 P.M. when they reached in Village-Amita near the Government Tubewell, accused Lalla Bhaia being armed with a 'Katta' (countrymade fire-arm) alongwith with one unknown associate having a knife in his hand, met the complainant and on gun point and knife they had snatched one pair of Bala of gold, one nose ring of gold, one pair of Payal of silver, six pieces of Bichhiya of silver, two saries of polyster from the person of Bhabhi of complainant and one wrist watch and Rs. 250 in cash from the person of the complainant and thereafter they ran away towards Village-Satoh. The incident was seen by Har Dayal and Puran Singh, who were coming towards the place of occurence.