MEWARAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Mewa Ram against the judgment and order dated 26-3-1979 passed by the II Additional Sessions Judge, Shahjahanpur, convicting him under Section 411, I.P.C. and sentencing him to two years' R.I.

(2.) The prosecution story, in brief, is as follows : On 15-6-1978 Munney Khan,driver of truck No. USW 1030 was transporting sugarcane from Banthara Gana Centre to Roza Sugar Factory. When he reached on the pucca road he noticed a tanker standing there. He also noticed four miscreants standing near the tanker two of whom were having single barrel guns. After looting the tanker they rushed towards truck No. USW 1030, stopped it and relieved the cleaner of the truck of Rs. 6/- and an Angocha. Immediately thereafter another truck No. USP 6969 also arrived there and its driver Brij Lal and two occupants Akhil Kumar and Vinod Kumar were also looted by the said four miscreants. After the departure of the miscreants the driver of the tanker No. USE 5950 Mohd. Mian told Munney Khan that the miscreants had looted away his wrist watch and a sum of Rs. 1.25/-, Brij Lal, driver of truck No. USP 6969 informed Munney Khan that he had been robbed of Rs. 1976 while Akhil Kumar who was also sitting in the truck was relieved of his watch. The incident took place at about 7.00 P. M.

(3.) A report of the incident was lodged by Munney Khan on 15-6-1978 at about 7.45 P.M., the police station being at a distance of about 9 miles from the place of occurrence.