KAREDEEN Vs. STATE OF U P

JUDGEMENT

(1.) S. I. Jafri, J. The instant appeal on behalf of Kare Deen, Kara Asrey, Bishram and Lal Bahadur, has been tiled against the judgment and order dated 19-1-1985 passed by Sri S. B. Varma, 1st Additional District and Sessions Judge, Jaunpur, recording conviction against the aforesaid appellants under Section 395, I. P. C. . and sentences of four years' R. I. each. Along with the appellants afore said, co-accused Jayant Prasad, whose name also figured in the First In Information Report, also stood in trial, but he was let off" by the trial court.

(2.) TO dwell upon the prosecution case, it is alleged that in the night intervening 12th/13th of June 1980 at about 1 a. m. , while the complainant Sher Bahadur Singh was slept on the roof of the Baithaka of his house, the appellants aforesaid in the company of Jayant Prasad (since acquitted) and two or three unknown persons, raided the house of complainant and out of them four persons, climbed over the roof of the complainant's house and they over-powered the com plainant. The four accused persons first of all, relieved the complainant of his licensed gun and 22 cartridges as well as the bunch of keys. Thereafter, two out of the accused persons came down the stairs, opened the drawing room and took away a two-band Nelco Radio and a bag containing Rs. 2,500. During the course of operation by the accused persons, Sher Bahadur Singh, complainant, made an alarm that attracted a number of persons including Ram Murti, Raj Kumar, Lallan Singh and Doodhnath on the scene of occurrence. The accused persons took to their heels alongwith the booty under a cover of firing.

(3.) THE prosecution examined six witnesses in support of its case and out of them Sher Bahadur Singh, P. W. 1, Lallan Singh, P. W. 2, Doodh Nath, P. W. 3 and Bhoola Nath, P. W. 4 were examined as ocular witnesses of the occurrence.