PEAREY AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) THE instant appeal is preferred by four appellants namely Pearey, Sheesh Ram, Sheesh Pal and Ganga Ram against the judgment and order dated 18.9.1981 passed by the Illrd Additional Sessions Judge, Moradabad in Session Trial No. 302 of 1980. They have been convicted under Section 307/341.P.C. and sentenced to five years R.I. and under Section 3941.P.C. and sentenced to three years R.I.

(2.) SRI Jeevanji Srivastava Advocate was appointed as Amicus Curiae vide order dated 7.11.2009. He has appeared before this Court and argued the appeal at length.

(3.) PROSECUTION case in brief is that PW-2 Rasheed who was cloth merchant in the village, was going back from the market Sunwari to his village Chandan Kota alongwith Harpal Singh, Natthu and Amar Singh. He was on the back of his horse while other companions were going on foot. The accused came out from nearby Bajra field who stopped them and looted Rasheed and Harpal Singh, relieving Rasheed of his bundle of cloth and cash amounting to Rs. 475/-. Harpal Singh was relieved of a lady's wrist watch and cash amounting to Rs. 175I-. It is alleged that the accused Sheeshpal was armed with knife and Piarey was armed with danda. Rasheed tried to protest which resulted in knife and danda blows on his person. On an alarm raised by victim, Basheer PW-3, Shabbir also arrived from behind and challenged the accused who ran away with the looted property. Rasheed was taken to his house on a cot and from there he was taken to the police station Adampur in a Dunlop Cart. Harpal Singh PW-1 orally lodged a report of the occurrence on the same day at 11.30 p.m. and PW-4 Harendra Kumar had written the report. He has been produced as scribe. He has also prepared chik report Ex. Ka-1 and a case under Sections 394, 307 I.P.C. was registered.