TEJPAL Vs. STATE OF U P

JUDGEMENT

(1.) Appellants namely Tejpal and Hapra sons of Giri Lal and Raju son of Baboo Lal, preferred this appeal challenging their conviction and sentence awarded by IInd Additional Sessions Judge, Bijnor, vide judgment and order dated 30.9.1981, in Session Trial No. 125 of 1981, under Section 395, I.P.C. to five years R.I.

(2.) Occurrence is alleged to have taken place on 6.1.1981 at 2:00 a.m., Police Station and Sub-District Najibabad, District Bijnor, in the house of first informant, Professor R.N. Mehrish.

(3.) First information report was lodged on 6.1.1981 at 3:30 a.m. The first informant PW-4 was posted as Head of Economics Department in Sahu Jain Decree College, Najibabad, Bijnor. According to F.I.R, armed dacoits had entered the house and looted articles after causing injuries to first informant and his wife Rekha Mehrish PW-6. Hearing shrieks, the Chaukidar and some witnesses from crusher realized the situation and came to his rescue and chased away the dacoits. Articles looted were mentioned in the first information report including H.M.T. wrist watch.