- (1.) Challenge in this appeal is to the judgment and order dated 27.04.1987 passed by Sri Shyam Murti Sharma, the then Special Judge (DAAA), Agra in Special S.T. No. 181 of 1984 (State Vs. Aminia and others) whereby the appellants had been convicted for the offence punishable under section 394 IPC and each had been sentenced to undergo two years' rigorous imprisonment.
(2.) The facts germane to the appeal are that on 30.12.1979 complainant Bankey Lal Upadhyay submitted a written report in P. S. Firozabad (South), stating that at about 06:00 PM when he got down from Rikshaw at the railway crossing and inquired about the house of one Mahaveer Prasad Sharma, three boys met him and they offered to escort him to his house. The complainant paid fare to the Rikshaw puller and accompanied the boys towards the west of the railway crossing. After a while, on suspicion he inquired as to where they were taking him and when he tried to return back, all the three miscreants caught him and in the scuffle he slipped on the railway line and then one of the miscreants took out a knife and assaulted him on his head. His alarm attracted few persons including one Hundi Lal son of Badam Singh who came to his rescue and the accused persons snatched his Jhola and a wrist watch. It has been further noted in the report that the complainant can identify the assailants. Hundi Lal brought him to police out-post Railway Road and one constable took him to Hospital. After medical examination, the complainant submitted the report scribed by Rajendra Prasad Dubey as his spectacles was also robbed. The complainant has further noted in his report that the miscreants took away his Jhola containing spectacles with cover, Rs. 200/-, a book of M. A. Sociology, one Tahmad and a radio licence. On the basis of the report a case at crime No. 457 under section 394 IPC against unknown persons was registered at the police station, investigation whereof was entrusted to the SI Ganga Singh. He interrogated the complainant and prepared the site plan after visiting the place of occurrence at his instance. During the investigation, accused Aminia (appellant No. 1) was arrested and his interrogation revealed the complicity of accused Kallu and Bhura. Ere that the complainant was medically examined by doctor Ram Kumar Gupta, in S. N. M. Hospital, Firozabad on 30.12.1979 at 07:35 PM and he found the following injuries on his person:- 1. Incised wound 4.5 cm x 0.5 cm x scalp deep on the occipital region 9 cm above from the right ear, bleeding present margin ear cut following downward capillary. 2. Incised wound 1 cm x 0.3 cm x scalp deep on the left side of nostril margin ear cut, bleeding present. 3. Abrasion 0.5 cm x 0.5 cm on the left side of right finger on middle phalanx. The accused persons were put up for test identification on 07.02.1980 in which all the three appellants were correctly identified by complainant Bankey Lal Upadhyay, Jagdish Prasad and Teja Ram. The investigation culminated into charge sheet against the appellants.
(3.) The case was initially tried by Munsif Magistrate, Firozabad but after the commencement of the U. P. Dacoity Affected Areas Act, 1973 it was transferred to Special Judge (DAA), Agra who framed charge for the offence punishable under section 394 IPC against the accused appellants who pleaded not guilty and claimed trial.;