Mukteshwar Prasad, J. - (1.) Accused Rajesh Kumar @ Pappu Musahar, son of Bihari Lal Musahar, preferred this appeal against the judgment and order-dated 3.5.2001 passed by Sri A.K. Kaushik, the then Additional Sessions Judge, Allahabad whereby he convicted the accused under Section 414 I.P.C. and sentenced him to suffer rigorous imprisonment for a period of three years.
(2.) In brief, the prosecution case was as under:- On 28.7.2000 S.S.I. Purshottam Singh Yadav, S.I. Om Prakash Tripathi, S.I. Manoj Kumar Pandey and two constables left the Police Station (G.R.P.), Allahabad at 9-30 A.M. for the purpose of checking trains and prevention of crimes at the platform. When the police force was moving on platform no.1, they saw the accused coming from opposite direction on foot. He was carrying one Attachi. When he saw the police force, he took U turn and tried to run away. On suspicion, the police force stopped him but he made an attempt to run away. He was, however, overpowered at a distance of about 60 yards after using necessary force. He was apprehended by the police at about 10-00 A.M.
(3.) On enquiry, he disclosed his name and address and on search of the Attachi, used clothes (shirts, trousers, etc.) were recovered. He further disclosed that he had stolen the Attache from Lucknow Junction Railway Station (Char bag) in the night intervening 26/27th July, 2000 and reached Kanpur. From Kanpur, he reached Allahabad and was going to Chowk Bazar with a view to dispose of the articles.;