- (1.) The criminal appeal has been filed against the judgment and order dated 9.8.1982 passed by IV Addl. Sessions Judge Etah in S.T. No.109 of 1981 State vs. Moorat Ram alias Moorti & others, under Sections 392/397, 411 IPC P.S. Baghwala District Etah whereby the trial court has convicted the appellants Moorat Ram @ Moorti, Raj Kumar and Rameshwar under Section 392 read with Section 397 IPC and sentenced them to undergo R.I. for a period of three years. The trial court has not found accused appellant Moorat Ram @ Moorti guilty of the charge under Section 411 IPC and acquitted him of that charge.
(2.) The prosecution case in brief is that on 31.7.1979 when the complainant Lalman was going to meet his relations in village Bichhia, within the police station of Baghwala, District Etah, accused persons namely Raj Kumar and Moorat Ram, sons of Lajja Ram and Rameshar son of Bangali and Komal son of Chhattar and one 'Dheemar, a water man in Kartala Bank, met him near the Kartala School at about 5.00 p.m. and that they stopped the complainant and started abusing him and thereafter accused Raj Kumar and Rameshwar at the knock of country made pistol and other accused showing lathis robbed his radio valued about Rs.200/- and a watch valued Rs.150/- and a five rupee note and some paises, which were in his pocket. The accused robbed him in the presence of Chhotey Lal and Yad Ram and even on the checking by Chhotey Lal and Yad Ram not to do so, the accused ran away after snatching the above articles from the possession of the complainant. Thereafter the complainant reached the place of Kallu and Bankey Lal and told them about the whole incident. On making inquiry the complainant came to know about the names of the above accused from the witnesses Kallu and Bankey Lal. Thereafter the complainant along with Kallu and Bankey Lal went to the police station to lodge the report about the occurrence but his report was not written at the police station and he was told at the police station that his report would be written after the investigation of the matter and his report was not written at the police station even after the investigation. Hence, the complainant on the next day came to Etah and got his report typed and went to the Superintendent of Police Etah, who order on his report to S.O. Baghwala to register his case and thereafter he went to the police station Baghwala and gave his report, where the case was registered by Head Moharrir Kailash Chand on 1.8.1979 at 12.15 p.m. and he also made an entry in G.D. At report no. 17.
(3.) The investigation of the case was entrusted to Sri S.K. Dubey, who was posted as S.I. At police station in August-September 1979. He proceeded to the place of occurrence on the same day and took the statements of the complainant Lalman and the witnesses Yad Ram and Chhotey Lal and others and he also prepared the site plan on the pointing out of the witnesses. The case was registered under Section 395 IPC but after recording the statements of the witnesses the same was converted under Section 392 IPC and an entry to this effect was also made in G.D. at report no.25 by the Investigating Officer.;