ARVIND KUMAR MISHRA-I,J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 28.04.2001 passed by Additional Sessions Judge, Hapur, (now district Hapur) Ghaziabad, in Sessions Trial No.368 of 1995, State of U.P. v. Hari Kishan and others, arising out of Case Crime No.758 of 1994 , under Section 395 IPC, Police Station-Hapur, District-Ghaziabad, whereby the appellant has been sentenced to undergo three years rigorous imprisonment coupled with fine Rs. 5,000/- under Section 412 IPC, in default of payment of fine, he will have to suffer addition one year imprisonment.
(2.) Heard learned counsel for the appellant, Sri Pradeep Kumar, learned AGA assisted by Sri Sharad Srivastava, brief holder for the State and perused the record of this appeal.
(3.) The genesis of this case is reflected from perusal of the first information report whereby it transpires that the informant used to run lottery shop at lottery market Guru Nanak Road, Hapur. On 23.10.1994 at about 1:45 p.m., a number of persons say 20 in number who were miscreants and were possessing hockey sticks, iron rods in their hands appeared in the lottery market and swooped upon shopkeepers and beat them and looted lottery tickets worth Rs. 3,85,000/- and a number of shopkeepers sustained injuries in the incident. This report was lodged at Police Station Hapur (now district Hapur), District Ghaziabad on 23.10.1994 at 6:15 p.m. The written report is Ext. Ka-6.;