JUDGEMENT
N. N. Sharma,J. -
(1.) THIS revision is directed against order dated 19-2- 1983 recorded by Sri G. D. Dubey learned Special Additional Sessions Judge, Jaunpur who dismissed Criminal Appeal no. 67 off 1981 by revisionists and upheld the conviction and sentence of each revisionist of two years rigorous imprisonment and fine of Rs. 2000/- and in default of payment of fine, three months rigorous imprisonment under section 411 of Indian Penal Code awarded by Sri Binda Prasad, learned Chief Judicial Magistrate, Jaunpur in Criminal case no. 119/81/76.
(2.) REVISIONIST Lal alias Chhotey Lal is father of Bachcha Lal alias Hanuman, resident of Daraganj, Allahabad. Ram Lakhan revisionist is also resident of Daraganj, Allahabad.
Briefly the prosecution case was that there is temple of Ram Janki Ji in village Muradganj, police station Zafrabad, district Jaunpur. Idol of lord Hanuman along with idols of Lord Ram Chandra Ji, Laxman Ji etc. were installed in this temple. All these idols were of rare variety.
It was at an unknown hour of night between 4th/5th December, 1972 that the idol of Lord Hanuman Ji along with pedestals of various idols were stolen along with some utensils used for worship.
(3.) SHAMSHER Singh (PW 1) owner of the temple, lodged a written report (Ext. ka 1) on 5-12-1972 at 5.40 p m at police station Zafrabad about this that Distance of police station from the place of occurrence is about eight miles. Ext. ka 7 was drawn on the basis of this written report. The police submitted a final report on 31-12-1972.
However, a news was published in news; paper that the stolen idol was recovered from the shop of revisionists in Allahabad. Thereupon, the police started investigation.;
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