BADLOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 26-11-1980 passed by Sri B.B.S. Chaudhary, the then Xth Additional Sessions Judge, Kanpur in S.T. No. 270 of 1979 State v. Badloo and Chhotey, whereby he convicted the accused appellant Badloo of the offence under Section 395, I.P.C. and sentenced him to undergo R.I. for a period of 7 years.

(2.) A dacoity was committed at the house of Subedar Dwivedi informant in the night between 27/28-9-1978 by 6-7 dacoits. In the course of dacoity, the informant was injured and his property was looted. The F.I.R. about the occurrence was lodged by the informant on 28-9-1978 at 10.20 a.m. at the police station. No one was named therein as the dacoits were unknown persons. During the investigation, present accused appellant and Chhotey co-accused were arrested and put up for test identification and since the result was positive charge-sheet was submitted against them.

(3.) At the trial, Subedar informant. P.W. 1 Nand Lal P.W. 2, Prem Narain P.W. 3 and Bans Lal P.W. 4 were produced as witnesses of fact. Rest of the evidence was formal in nature. The learned Sessions Judge held that there was light emitted from the Bangla of Sumer which was set on fire by witness Nand Lal there was evidence of flash of torches by the dacoits and there was also evidence of the light of lantern hanging at two places in the house of the informant. He believed the identification evidence furnished by Prem Narain P.W. 3 and Bans Lal P.W. 4 against both the accused in the trial which was positive and, therefore, convicted both of them of the offence under Section 395, I.P.C. and sentenced each of them to R.I. for a period of 7 years. The present appeal has been preferred by Badloo accused alone. It appears that the other accused did not prefer any appeal against his conviction and sentence.