UMA DUTT Vs. STATE

JUDGEMENT

(1.) THESE are two connected appeals which are directed against the judgment of the Second Additional District and Sessions Judge, Bijnor dated 16-4-1975. By means of the said judgment and order, the two appellants have been convicted of the offence punishable under Section 396 IPC and each of them has been sentenced t(o undergo rigorous imprisonment for a period of 10 years.

(2.) THE incident giving rise to these appeals took place on 16- 7-1974 at about 11 p. m. in village Umarpur, police station Kiratpur, District Bijnor. THE first information report of the incident was lodged by Mool Chand (PW 1) at the said police station on 17-7-1974 at 3-10 a. m.

(3.) THE investigation of the case was taken up by H. C. Saxena (PW 10). He visited the spot and prepared a site plan. He was transferred on July 21, 1974. THE case was then investigated by Karan Singh (PW 11). Uma Dutt appellant was arrested near the level crossing on the Bijnor-Nagina road on September 16, 1974 at 7 a. m. by Somdutt Tyagi (PW 19). He was put up for identification on 29-11-1974. THE identification was conducted by Sri Virendra Singh, Magistrate (PW 2). Mool Chand (PW 1) and Rampal (PW 3) correctly identified Uma Dutt. At the same time, one Mushtaq was also arrested by Somdutt Tyagi. He was also put up for identification at the test identification parade on November 7,9, 1974. He was correctly identified by Mool Chand alone. Israr appellant in the connected appeal was arrested on 16th January, 1975 at 5 p. m. by S. K. Sote, S. I. (PW 17). He was sent to jail on January 17, 1975. He was put up for test identification before the same Magistrate, namely, Virendra Singh (PW 2). Mool Chand (PW 1) and Rampal (PW 3) correctly identified this appellant One Mohsinuddin was also arrested in connection with this dacoity and was put up for identification. He was correctly identified by Mool Chand alone. After completing the investigation, a chargesheet was submitted by the police against four persons, namely, Uma Dutt appellant in Criminal Appeal No. 878 of 1975 and Israr appellant in the connected criminal appeal and the other two persons Mushtaq and Mohsinuddin.