N.N.Sharma - (1.) THIS revision is directed against order dated 30th September, 1983 recorded by Sri V. P. Mathur, learned Sessions Judge, Meerut who dismissed Criminal Appeal No. 154 of 1983 but reduced the sentence of revisionist from two years rigorous imprisonment to one year's rigorous imprisonment and upheld the fine of Rs. 500/- as awarded by Sri S. Chandra, learned Additional chief Judicial Magistrate, Me:erut on 29-7-1983 in Criminal Case No. 2895 of 1983.
(2.) PROSECUTION story briefly stated was that on 30-7-1979 at about 4.30 P M . in Kailashpuri street near Nandan talkies, within the area of Police Station Kotewali, Meerut Balbir Singh informant (PW 1) along with Babu Ram and Sita Ram was going on his Jhonga. Revisionist was driving Mini Bus No. USN 8807 and suddenly placed it infront of Jhonga. Revisionist and his associates belaboured Balbir Singh and removed from his pocket a sum of Rs. 785/- and also relieved him of his wrist watch. It was on the intervention of witnesses that the culprits decamped with the robbed property holding threats to the victim. A written report Ext. Ka. 1 was lodged at police station Kotwali, Meerut in the same evening 7.15 P. M. on the basis of which FIR Ext. Ka 3 was drawn. After completion of investigation, charge sheet Ext. Ka. 5 was submitted by Sri Som Dutta Tyagi (PW 3). In his statement, revisionist denied his participation in the occurrence although he admitted that he was driving Mini Bus No. USN 8807. He further stated that he stopped the vehicle at places to pick up passengers and to alight them. Jhonga was placed in front of his bus by complainant who belaboured alleging that he did not give him side to mow.
(3.) PROSECUTION examined Balbir Singh as PW 1, Babu Ram PW 2 and investigator Sri Som Dutta Tyagi as PW 3. Both the courts below believed the prosecution version and recorded the conviction and sentence aforesaid.;