SHEODAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal directed against the judgment and order, dated 16-8-1984, passed by IInd Additional Sessions Judge, Bulandshahr, convicting and sentencing appellant Sheodan son of Pritam, resident of village Shiwala, P.S. Khera, district Aligarh, at present resident of village Jagdishpur, P.S. Ahmad Garh District Bulandshahr, to five years' rigorous imprisonment under Section 395, IPC.

(2.) According to the prosecution, in the night between 2/3-12-83 Satya Dev Prasad Verma (P.W.2) Engineer in the Narora Atomic Power Project, was returning from Delhi in vehicle No.UPP-5592 of Narora Atomic Power Project. Sri D.N. Gaur, an engineer and Sri M.S. Rao, Chief Administrative Officer, Sri Man Singh, trades-man and driver Sami Ullah (P.W.4) were also travelling in the same vehicle. At about 1-45 A.M. the vehicle reached the bridge of village Fateh Garh. The driver of the vehicle found that a truck was blocking a portion of the road and the remaining portion was being blocked by a fallen mango tree. The vehicle had to stop and immediately thereafter about 15-20 young-men came before the vehicle armed with lathis, knives and country-made pistols. They forced open the door and put a country made pistol at the neck of the driver and started dragging the complainant Satya Devo Prasad Verma out of the vehicle. The rest of the dacoits started looting the passengers. When Sri M.S. Rao, Chief Administrative Officer, refused to give his attachie, then one of the dacoits fired at him and other passengers. With the result Sri Rao received multiple gun-shot wounds vide report Ex.Ka-4. There was light inside the vehicle and the witnesses had also flashed torches' light in which the miscreants were identified.

(3.) A report of this occurrence was lodged by Satya Deo Prasad Verma (P.W.2) at Ahmad Garh police station at 5-15 A.M. on 3-12-1983, that is, after about 3 hours of the occurrence, the place of occurrence from the thana being 3 kilometres.