- (1.) P. K. Jain, J. By judgment and order dated 19-3-79 Judicial Magistrate, Mahoba convicted Sripat and Parasuwa under Sections 457 and 392, I. P. C. and sentenced them to undergo one year's R. I. under Section 457, I. P. C. and two years' R. I. under Section 392, IPC Phullan was convicted under Section 411, I. P. C. and Sripat was also further convicted under Section 411, IPC and both of them were sentenced to undergo two years' R. I. under Section 411, IP C, Criminal Appeal Nos. 53 of 1979 filed by Sripat and Parasuwa and 56 of 1979 filed by Phullan were dismissed by the Addl. Sessions Judge, Hamirpur, by judgment and order dated 23- 12-83.
(2.) AGGRIEVED by the judgment and order of the trial Court as well as of the appellate Court the three convicts have filed the above criminal revisions. An incident of robbery had taken place between the night of 19/20-2-1977 at the house of first informant Kriparam. It was alleged that four miscreants entered his house, one of whom was flashing torch and the miscreants were armed with Lathi and Danda. They threatened the inmates of the house and committed robbery of jewellery and house-hold goods. There was light of lantern and lamp inside the house besides the torch light in which three of the miscreants were recognized by the complainant and the witnesses. They were Deoki son of Phullan, Sripat and Parasuwa. On hue and cry a number of witnesses assembled at the scene of occur rence, some of whom also recognized the three miscreants. Report of this incident was lodged by P. W. 1 Kripa Ram at police station Mahob Kanth on 20-2-77 at 12. 15 a. m. and a case under Section 392, IPC was registered. During investigation Phullan was arrested by Sri Raj Pal Singh Chauhan in presence of witnesses on 23-3-77 at about 11. 00 a. m. From his possession six silver bangles and some other silver orna ments were recovered which were alleged ly looted in the said robbery. Sripat was arrested on 21-2-77 and from his house he produced two Lota, two Bela and three tumblers said to have been looted in the said robbery. The recovered articles were put up for test identification on 21-1-78. The identification proceedings were con ducted by Executive Magistrate Sri R. N. Misra. Kripa Ram identified all the articles correctly except one Lota and one Gilas. Smt. Sona Bai correctly identified all the articles except one Lota and two Gilas and witness Surendra Babu correctly iden tified all the articles except one Lota and one Gilas.
(3.) AFTER usual investigation charge-sheet was submitted against the present revisionists alongwith some other miscreants. The trial Court framed charges under Sections 457 and 392 IPC against Parasuwa and Sripat and under Section 411, IPC against Sripat and Phullan. The revisionists denied the charges framed against them and claimed to be tried.;