ALI BAHADUR Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 25/11/1980 passed by Sri P. K. Dixit, the then IV Additional Sessions Judge, Bareilly, whereby the appellants have been convicted and sentenced to five years' rigorous imprisonment under Section 394 of the Indian Penal Code (IPC).

(2.) The prosecution case, in brief, is that the robbery was committed at about 12/1 in the intervening night of 27/ 28/12/1978 at the house of Rama Shanker in village Basant Nagar, police station Devernia, district Bareilly. At the relevant time 3 or 4 miscreants entered the house of the complainant after scaling the wall, where a lantern was burning. His mother was sleeping towards Kuthia. On the other side of the Kuthia, the complainant and his maternal cousin, Ram Prakash, were sleeping. His mother cried that the miscreants had come. The complainant and his cousin attracted to the cry of his mother and saw the miscreants were dragging her outside. Both of them were searching valuables from the Kuthia. The complainant and his cousin started assaulting the miscreants. One of the miscreants gave a blow on his shoulder with a karchhul. The other miscreants assaulted his cousin with lathi. Ther inmates of the house sustained injuries. The miscreants looted various articles including a petromax, wrist-watch, dari, bed-sheet and two ladies dhotis. The witnesses claimed to have identified the accused persons in the light of lantern.

(3.) A first information report was lodged by Rama Shanker at 5.15 a.m. on 28-12-1978 at Police Station Devarnia, district Bareilly, pursuant to which the case was registered in the presence of S.I. R.C. Pandey, PW 3. He was entrusted with the investigation of the case. He recorded the statements of Rama Shanker, Smt. Ram Pyari and Ram Prakash under Section 161 of the Code of Criminal Procedure (Cr PC) at the police station itself. Then he proceeded to the place of occurrence. He inspected the venue and prepared a site-plan. He recovered certain articles at the place of occurrence and prepared relevant memos.