GAJ RAJ Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment and order passed on 16/6/1987 by the then II nd Additional Sessions Judge, Aligarh who was disposing of Criminal Appeal. No. 68 of 1985 which itself arose out of a judgment and order passed Sri 21/3/1985 by Sri B.P.Mathur, the then lind Additional Munsif-Magistrate, Aligarh in Criminal Case No. 1155 of 1982.The learned Magistrate had convicted the revisionist under section 411 I.P.C. and sentenced him to 11 months R.I. The learned Sessions Judge by his impugned order dated 16/6/1987 upheld the conviction and affirmed the sentence, hence this revision.

(2.) Briefly, stated the facts of the case are that a she-buffalo with its calf, tied out side the house of Sohan Pal complainant in village Petra, P.S. Dadon, district Aligarh, was stolen by some body during the night between 2nd and 3rd January. 1979. In the morning on 3/1/1979 the first informant Sohan Pal along with his cousin brother Mahendra Singh started for the search of the she-buffalo and the calf. At about 11.30 in the morning on 3/1/1979 when they reached near the canal of village Gurguri, they saw from a distance two persons leading the she-buffalo and the calf. The two persons were promptly apprehended after infliction of some injuries. They happened to be the present revisionist and one Kitab Singh. It is also in evidence that Kitab Singh left the chain with which the she-buffalo was led on seeing these two persons and tried to run away. A number of village people came on the spot and the two accused persons were taken into custody and broughtto the Thana where an F.I.R. was lodged.

(3.) Two witnesses, who deposed in support of the prosecution version, were Sohan Pal and his cousin brother Mahendra Singh. Sohan Pal was examined as P.W.1 and Mahendra Singh along with P.W.4 Faizul Hasan identified the she-buffalo as the cattle belonging to Sohan Pal.