ALTAF Vs. STATE

JUDGEMENT

(1.) Present appellants have submitted these appeals against the judgment dated 12-7-82 passed by the learned Additional Sessions Judge No. 1 Bara. Both the appellants have been convicted under Sec. 394 and 324, I. P. C. and sentenced to undergo rigorous imprisonment for a period of five years, and three years on each count, respectively. Fine of Rs. 200.00 under Sec. 394 has been imposed in addition to the sentence of 5 years. Directions were also issued that the sentences shall run concurrently.

(2.) The Investigating Officer, Sorsan received the information that on July 7, 1981, some persons have committed robbery in the Jungle and, thereafter, some persons chased the accused and the accused party has given a beating to the persons who have chased them.

(3.) Shri Gulabsingh (P. W. 5) reached the village Sorsan on the basis of the said information received by him through intelligence and found there that the villagers have succeeded in capturing the accused and the accused are in their custody. Investigating Officer, Gulabsingh (P. W. 5) recorded the statement of Shri Kalyan, the victim of the incident, and forwarded that part of the statement to the police station. The first information report (Ex. P, 16) was recorded at the police station on the basis of the statement recorded. After the investigation, a charge-sheet against the accused was submitted under Secs, 394, 397 and 307 I. P. C. During the trial, the statement of Kalyan (P. W. 8.), the main victim of the incident, and the injured Mohan lal (P. W. 1), Ramswaroop (P. W. 2) and Ghanshyam (P. W. 9) were recorded.