RADHARAMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Present Sri Sunil Kumar, learned counsel for the appellants, and the learned A.G.A.for the State.

(2.) Radharaman, Narendra and Suraj, accused, have filed the present appeal against their conviction under Sections 399/402, I.P.C., and Section 25 of the Arms Act and sentence to undergo R.I.for five years each under Section 399, I.P.C., R.I.for three years each under Section 402, I.P.C.and R.I.for one year each to Radharaman and Narendra, accused under Section 25 of the Arms Act, passed by the I Addl. Sessions Judge, Mathura vide judgment dated 6-9-1979. During pendency of this appeal, Narendra, appellant No. 2, died on 8-11-1996 and hence his appeal stands abated under the provisions of Section 394 of the Code of Criminal Procedure. 2A.Brief facts giving rise to the present appeal are as under :

(3.) The investigation of the case was taken up by J.P.Sharma, Station Officer, P.S.Chhata, who recorded the statements of the witnesses, and prepared site-plan (Ext. Ka-9). He arrested the remaining three accused, viz. Kishanveer, Pooran and Ghasita, who had managed to escape, held an identification and on receipt of the result of the identification, he submitted a final report against Ghasita and charge-sheets (Exts. Ka-9 and Ka- 10) against Kishanveer, Puran, Narendra, Suraj and Radharaman. He also submitted separate charge-sheets under Section 25 of the Arms Act against Radharaman and Narendra, accused, which are Exts. Ka-12 and Ka-13, after obtaining the sanction of the District Magistrate (Exts. Ka-14 and Ka-15) to prosecute these two accused under Section 25 of the Arms Act.