Shri Kant Tripathi - (1.) THE appellant Amar Singh has preferred this appeal against the judgment and order dated 24.1.1981 rendered by Sri H. C. Rastogi, the then Ist Additional Sessions Judge, Agra, in S.T. No. 199A of 1978, State of U. P. v. Amar Singh, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant under Section 392 read with Section 397, I.P.C. to undergo rigorous imprisonment of seven years.
(2.) THE facts leading to this appeal may be stated as follows. The complainant Krishna Manohar (P.W. 1) was serving as a lecturer in Agra College, Agra and also used to run a Homoeopathic Clinic in Bag Muzaffar Khan within the limits of Hari Parvat, district Agra. On 8.7.1975 at about 9.05 p.m. when the complainant was about to close the clinic, the appellant Amar Singh and co-accused Guddu alias Kailash Prasad and one unknown person entered inside the complainant's clinic and forcibly took his diary containing cash amount of Rs. 52 and few papers from his pocket and removed his roamer wrist watch. The appellant and his associates did this act of robbery by pointing out a knife on the complainant. It is further alleged that the complainant raised alarm whereupon certain passer-by arrived there but the appellant and his associates fled away alongwith robbed wrist watch and diary including the cash amount of Rs. 52. The complainant Krishna Mohan lodged the F.I.R. Exhibit Ka-1 at the police station Hari Parvat on the same day at about 9.40 p.m. on which basis the police registered the case for investigation. P.W. 3 Sub-Inspector, Chakradhar Dobal undertook the investigation and prepared the site plan Exhibit Ka-3 and recorded the statement of the complainant on 9.7.1975.
(3.) IT may also be mentioned that on 9.7.1975 at about 5.15 p.m. P.W. 4 Sub-Inspector, Sukendra Pal Singh arrested the appellant Amar Singh and his friends Pradeep and Guddu near the office of the Assistant Sales Tax Commissioner in the presence of the witnesses Basan and Munna on the basis of an information furnished by an informer. On search a knife and a roamer wrist watch were recovered from the possession of the appellant Amar Singh who stated that the roamer wrist watch was robbed from the complainant. IT may also be mentioned that the recovered roamer wrist watch was correctly identified by the complainant in an identification proceedings held by the Additional City Magistrate, Agra. The Investigating Officer filed charge-sheet against the appellant and other accused on completion of the investigation. The appellant had absconded and as such his case was separated from the case of the co-accused and due to this he was tried later on separately.;