- (1.) STATE of U. P. has preferred these appeals against the appellate order of acquittal recorded by the then Additional District and Sessions Judge, Saharanpur on 7-10-1978.
(2.) DURING the pendency of appeal respondent, Budh Ram, of appeal No. 102 of 1979, died. The appeal was ordered to abate against him on 11-9-2000. Sri Ratan Singh learned A. G. A. for the State and Sri Shashi Shekhar Tiwari, learned counsel for the respondents have been heard. P. W. 1, Dharmpal Sharma was residing in the house of his relation Vishnu Dutt in village Madhav Nagar, police station Kotwalii, district Saharanpur. In the night of 12-3-1978 at about 2. 30 a. m. four robbers entered in the house and assaulted him with lathi-danda. On his alarm Vishnu Dutt, his wife Kanka Devi and daughters Nutan and Baibal awoke and tried to save the informant Dharmpal. Vishnu Dutt was also assaulted by the robbers. The robbers looted the properties and were seen in the electric light which was available in the house. The report was lodged at police station Kotwali on 12-3-1978 at 3. 35 a. m.
(3.) THE informant Dharampal gave a list of looted articles to the Investigating Officer. It appears that on 24-4-1978 Budh Ram (since dead ). Nanda and Pancham were arrested from the hut which was near the brick kiln of one Inder Pal Bhatiya. Some old clothes were recovered. THE above three accused were lodged in Jail on 25-4-1978. THEy were put up for identification on 16-6-1978. All the three were identified by the informant Dharampal, Baibal and Nutan. The respondents have denied the prosecution case. They have stated that they were working as labourers in the brick kiln of Indra Pal Bhatiya. Their wages for three months was not given and when they demanded the same, they have been falsely implicated in this case.;