PARAS Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order dated 17-6-77 passed by Sessions Judge Deoria in a case Under Section 392 IPC

(2.) IN the year 1974 Ragghu Ram P. W, 1 was the Munim of the Firm M/s. Mani Ram Rampat Ram. On 11-3-74, at about 8-30 P. M. , he had been returning to his Firm after realizing Rs. 12,000 as dues of the Firm from various shopkeepers. It is said that when he reached in front of Green Medical Hall on Arjun Road in the town of Deoria, two persons intercepted him. One of them caught him from the back and the other snatched his bag containing the said sum of Rs. 12,000/ -. He raised an alarm whereupon Babu Ram P. W. 2, Vikram P. W. 3, Shiv Shanker, Durgeshwar Pande and several others arrived. They saw the miscreants in the electric light of the street pole, but they could not apprehend them. Ragghu Ram went to the shop of the Firm and got a report of the incident written out by one Basi Lai. Armed with that report, he went to P. S. Kotwali and lodged it there at 10-20 P. M. S. I. Ram Kiran Yaday, P. W. 11 was present at the than and he immediately took charge of the investigation. He went to the spot and recorded the statements of the material witnesses on 15-3-74. The investigation of the case was taken up by S. I. Achhaibar Nath Dufoey S. O. P. S. Kotwali. On the morning of l-3-74 he went to the house of the applicant and arrested him. He interrogated the applicant and the applicant told him that he had got Rs. 9595/- with him and he could give it to him. He then took out the said sum from his house and gave it to S. I. Achhaibar Nath Dubey. The applicant was made 'ba Pardah' and taken to Kotwali. The money recovered from him was also deposited at the Kotwali. The applicant was sent to Jail on 17-3-74 and admitted there some time in the evening. The applicant was put up for identification in Jail and he was correctly identified by Ragghu Ram P. W. 1", Babu Ram P. W. 2, Vikram P. W. 3 and Shiv Shanker. After receiving the results of identification and after completing the investigation S. I. Achhaibar Nath Dubey submitted a charge-sheet against the applicant.

(3.) THE applicant pleaded not guilty and repudiated the truth of the allegations made against them. According to him, he was shown to the witnesses at P. S. Kotwali and the evidence of identification against him was, therefore, of no value. Regarding the recovery of Rs. 9595/from his house, he stated that this amount had not been recovered from his house as alleged by the prosecution. According to him, this money belonged to him and he had given it to the Investigating Officer as demanded by him.