RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) R. P, Nigam, J. This criminal appeal has been preferred by the appellants Ram Autar and Rameshwar against the judg ment and order, dated 1-7-1983 passed by IIIrd Additional Sessions Judge, Lakhim-pur-Kheri in Session Trial No. 51 of 1983 by which the appellants were convicted under Section 395, I. P. C. and each of the appellants was sentenced to undergo rigorous imprisonment for five years under Section 395, I. P. C.

(2.) THE case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Abdul Shakur P. W. 1 in the police station Mohammadi district Kheri on 27-5-1982 at 2. 00 a. m. is as follows: Abdul Shakur son of Makku is the resi dent of Mohalla Shuklapur police station Mohammadi, district Kheri and he often used to live in Kanpur in connection with the business of leather and he came back on 26-5-1982, Abdul Gafoor, Abdul Rahim and Abdul Majid sons of Hassu and who are cousins if Abdul Shakur had purchased a grove of man and they used to look after the mangoes a came back to the house at about 12. 00 p. m. on 26-5-1982 as they used to come daily and Abdul Shakur and his said cousins were eating food in the house in the light of electricity and at about 12. 30 a. m. on 27-5-1982,14- 15 bandits came inside the house of Abdul Shakur from the well of Ismail and started looting the house and Abdul Shakur received injury on his head as one bandit out of the said bandits has assaulted htm and on alarm of Abdul Shakur and on alarm of the persons of the house of Abdul Shakur, Sabir son of Lallu, Khalil son of Ramzani, Shafi Ullah son of Faizul-lah, Mahib Ullah son of Gulam Rasool. Gafoor son of Hassu and Majid son of Hassu who were the persons of the Mohalla of Abdul Shakur came with lathi and danda and flashing torches and giving exhortation near the house of Abdul Shakur and Wali had set fire on a chhappar which was inside the grove, seeing this that the house of Abdul Shakur was being looted and the grove was towards west of the house of Abdul Shakur and the bandits had opened the western door of the house of Abdul Shakur and had gone with looted goods on account of pressure of the persons of Mohalla of Abdul Shakur towards west. THE bandits had looted (he ar ticles mentioned in the F. I. R. Ex. Ka-1 and Abdul Shakur and other witnesses had seen bandits in the light of electricity and torch and in the light of fire of chappar which was burning and had identified them.

(3.) S. I. Mool Chand Tewari after get ting the result of the identification of the appellants and competing the investiga tion laid charge-sheet Ex. Ka-8 against the appellants under Sections 395 and 397, I. P. Con 7-9-1982.