DILIP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) R. A. Misra, J. Accused Dilip Kumar has preferred this revision against the judgment and order dated 1-10-81 passed by Sri B. L. Sachdeva, VII Addl. Sessions Judge, Lucknow whereby accused-revisionist has been convicted and sentenced for a period of 1-1/2 years' R. I. and a fine of Rs. 500.

(2.) ACCORDING to the prosecution the revisionist Dilip Kumar along with Pradeep Kumar robbed Suit. Gayatri Devi of her golden chain at about 8. 30 p. m. on 15-4-77 in Mohalla Rajendra Nagar while she was going along with her son Mahendra Nath Rastogi. On the alarm raised by the victim, Vishwanath, PW 5 and Lal Singh, PW 3 reached the scene of occurrence. Accused made good their escape leaving one Avon Cycle No. C 424106 bearing token No. 1240 of the Lucknow Corporation and one pair of Chappals. Accused were seen by the witnesses in the light of the electric bulb on the btrcet pole. The written report of the occurrence was lodged by Mahendra Nath Rastogi at 9. 45 p. m. the same day and Cycle and Chappals were deposited at the Police Station. Shitla Prasad Singh, PW 7 investigated the case and arrested accused Dilip Kumar. Accused was put up for identification in the District Jail, Lucknow on 30-6- 77. The accused-revisionist was correctly identified by Sri Mahendra Nath Rastogi. Investigating Officer took the register from the Cycle hiring shop of Abdul Rashid on 23-4-77 which bears an entry indicating that the Cycle left on the spot was taken by accused Dilip Kumar on hire from that shop on 15-4-77 at 11. 30 a. m.

(3.) REVISION is allowed. Conviction and sentence passed against accused Dilip Kumar under Section 392, IPC is set-aside. He is acquitted of the charge. He is on bail. His bail bonds are discharged. He need not surrender. Fine if paid shall be refunded forthwith. REVISION allowed. .