PAWAN Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Both these criminal appeals arise out of judgment and order of conviction dated 23-5-80, recorded by Sri V Chandra, the then Vth Addl. Sessions Judge, Saharanpur, convicting the accused appellant Pawan, ROOD Chandra and Chanda under Section 395,i. P. C. and sentencing them to five years R. I. , they are, therefore, disposed of by this common judgment.

(2.) THE prosecution story briefly stated is as follows:- THE complainant Baldeo Raj, P. W. 1 was a cloth vendor, who was carrying on his cloth business at Moradabad. On 16-12-78, he purchased some cloths value at Rs. 2,435, which consisted of lot and blankets from M/s Hansraj, Kishan Lal Cloth Merchant, Shastri Market, Saharanpur. He got into the passenger train from Saharanpur to Moradabad. On intervening night of 16/17-12-78, when the train reached near Chudihara Railway Station, 5-6 bandits entered into the compartment in which the complainant was travelling. THE com plainant Baldeo Raj had kept the bundle of clothes which was purchased by him near seat and slept down thereon. THE bandits assaulted Baldeo Raj by kicks and made him to get up. THEy looted away the bundle of Loi and Blankets which the complainant was carrying by showing pistol to him. THE bandits also looted away a sum of Rs. 90/- in cash from the complainant. When the train reached at railway station Roorkee, Shri Baldeo Raj lodged a written report (Ex. Ka-13) about this occurrence.

(3.) I have heard Sri Anurag Pathak, learned counsel for accused appellants Pawan and Roop Chand, Sri Devendra Dahma, learned counsel for accused appel lant Chanda and Sri VB. Singh, learned A. G. A. for State, considered their conten tions and gone through the facts and cir cumstances of the case.