MUNNA LAL AND ANR (IN JAIL) Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order passed by Sri P.N. Harkauli, Addl. Sessions Judge, Bareilly, convicting Munna Lal and Ram Prakash, Appellants, Under Section 394, IPC and sentencing each of them to two years' RI.

(2.) The facts, giving rise to this appeal, are as follows. Ram Murti, the victim of this robbery, is a resident of Sahwajpur, PS Kotwali, Distt. Budaun. From sometime before the occurrence, he was living with his brother, who was employed in a certain Office at Bareilly. Ram Murti used to sell certain edibles, which he used to carry on a thela. At about 10 p.m. on 10-8-1964, he had kept his thela near the western gate of the Bareilly Club. The Appellants along with one another reached there on cycles and asked Ram Murti to hand over all the sale proceeds to them. Ram Murti denied to have any money with him. The Appellants and their companion then assaulted Ram Murti and robbed him of Rs. 15/-, which he had in his pocket. Ram Murti raised an alarm. Certain persons, who resided in the servant quarter of the Bareilly Club, reached there and saw the occurrence. The aforesaid servant quarter was close to the place of the occurrence. The witnesses caught the Appellants, but their third companion ran away. The Appellants were taken to the thana, where Ram Murti lodged a report. The Police took the Appellants in custody and registered a case against them Under Section 394 IPC. Ram Murti had received some injuries. His injuries were medically examined in the district Hospital, Bareilly. The Police investigated the case and after completing the investigation, challaned the Appellants. The Appellants were tried and were convicted and sentenced, as stated above. Being dissatisfied, they have come up in appeal to this Court.

(3.) Both the Appellants denied the charge and pleaded not guilty. Munna Lal stated that he had purchased the fruits of certain trees, which stood in the Company garden. In the night of the occurrence about three persons came to the garden and started plucking some fruits. He objected, on account of which there was a quarrel between him and those persons. They assaulted him and took him to the Bareilly Club, where this case was falsely concocted against him. Ram Prakash stated that when he heard that his brother had been arrested, he went to the Bareilly Club, where he was also arrested and falsely implicated in this case.