HARI RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and the order dated 4-7-1980 passed by the then VIth Addl. District and Sessions Judge, Shahjahanpur Shri Krishna Kumar in ST No. 46 of 1979, whereby he convicted the accused-appellant of the offence under S.392, IPC and sentenced him to undergo R.I.for a period of 3 years and pay a fine of Rs. 500.00 and in default of payment of fine to further undergo R.I.for a period of 6 months.

(2.) Heard learned counsel for the parties and also perused the record.

(3.) From the evidence of informant Bulaki Ram (PW 1) and Ganga Ram (PW 2) it is established beyond doubt that an incident did take place on 7-4-1987 at about 8 p.m. in which the properties (sic) i.e. Paraat, Thalis and cash of Bulaki Ram informant, Dari, Rajayee and cash of Ganga Ram, besides the properties of Rameshwar, were looted from two bullock-carts, on which the same were being carried from the Mela of Kalanpur after dismantling of their shops at the conclusive of the Mela. The robbers were armed with guns and Riphilas and (sic) were threatening to shoot down anyone who interfered with the loot.