YOGENDRA KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) JUDGMENT :- This appeal against the judgment and order dated 17-2-1989 passed by Sri Chhotey Lal, the then Special Judge (D.A.A.), Banda in Spl. Trial No. 52 of 1987, State of U. P. v. Yogendra Kumar and others whereby he convicted all the accused appellants Yogendra Kumar, Ram Murti, Raj Kumar and Maan Singh of the offence punishable under Section 394, I.P.C. and sentenced each of them under Rigorous Imprisonment for a period of four years.

(2.) Heard learned counsel for the parties. The informant in this case is Lal Bihari Agrawal. He was Store Keeper/Cashier of the Municipal Board, Atarra, district Banda on the date of occurrence. The prosecution case is that on 4-10-1986, he had taken payment of Rs. 22,770.22 p. from State Bank of India, Banda of the salary bill of the Municipal Board staff out of which he kept a sum of Rs. 10,270.22 p. in the pocket of his Patloon and the rest amount of Rs. 12,500.00 in his bag and then came to Atarra and got down at Atarra Bus Stand from Bus and took his cycle from there and proceeded on it towards his office, that when he reached on the Rasta in front of Gauri Baba Marg near the house of Natthu Ram at about 3.00 P.M. all the four accused appellants Raj Kumar, Ram Murti, Maan Singh and Yogendra Singh came out from behind the Tractor trolley armed

(3.) On the basis of the written F.I.R. a case under Section 394, I.P.C. was registered against all the accused appellants at the Police Station, Atarra and the informant was sent to District Hospital, Banda for medical examination.