Thereafter, along with Vishnu Shanker and the other witness the Investigating Officer went to the shop of Satish Chandra who on interrogation took out Rs.
So far as recoveries of 20 numberes of Rs.
1489 of 1969 preferred by the State, the High Court companyfirmed the acquittal of Vishnu Gopal and Manohar Lai but companyvicted the two appellants before us Satish Chandra and Vishnu Shanker for the offence under Section 411, I.P.C. and sentenced each one of them to three years R.I. The High Court dealt with the reasons given by the trial companyrt for disbelieving the evidence pertaining to recoveries made from the accused persons and found that the reasons given for number accepting the such evidence in the case of the two appellants were based on companyjectures and surmises and therefore did number warrant its rejection.
At about 4 a.m. the gruesome murder and loss of the money came to light when Ramesh Chandra, Dalai went to wake him up.
In Criminal Appeal No.
FIR was lodged at 5.30 a.m. in the morning on 2nd of April, 1968 at Police Station Kotwali, Chandausi about murder and robbery.
The High Court took the view that so far as the two appellants were companycerned the recovery witnesses were reliable and independent and their testimony companyld be made basis of companyviction.
100 each which were in the possession of Lakhpat Rai and which were found missing were mentioned in the FIR.
The learned Sessions Judge disbelieved the recoveries made from the accused persons due to irregularities attaching to them and felt that the possibility of the currency numberes being planted upon the accused persons companyld number be ruled out and as such numberculpability companyld be fastened upon them either with regard to the offence of murder or robbery or even receiving the stolen property.
All the four accused persons were therefore acquitted.
Out of the two the latter was the Investigating officer and the former was a Panch witnessan independent witness working as a Clerk in the Head Post office at Chandausi.
100 each from Vishnu Shanker and 31 numberes of Rs.
8,800/ in currency numberes which had been tied in the folds of his dhoti.
100 each from the cash box of Satish Chandra are companycerned the prosecution evidence mainly companysisted of two witnesses, Om Prakash, P.W. 16 and Santi Prasad, P.W. 17.
An incident occurred during the night between 1st and 2nd of April, 1968 at the factory of Vishnu Industries during the companyrse of which one Lakhpat Rai Senior Munim of Vishnu Industries was murdered and he was robbed of a sum of Rs.
In respect of this incident four accused Vishnu Gopal, Satish Chandra, Manohar Lai and Vishnu Shanker were put up for trial in the companyrt of Second Temporary Civil and Sessions Judge, Moradabad for offences punishable under Section 392, 302 each read with, Section 34 I.P.C. and alternatively with a offence punishable under Section 411 I.P.C The prosecution purely depended upon circumstantial evidence, there being numbereye witness of the incident in question and principally the circumstantial evidence relied upon was in the shape of recoveries of the currency numberes which were the subject matter of robbery from the accused persons.
100 each was recovered from his shirt pocket, and their numbers were numbered down in the Seizure Memo.
Since the amount had been withdrawn from the Bank on the previous day the numbers of 87 currency numberes of Rs.
Tulzapurkar, J. There is numbersubstance in this appeal which is directed against the High Courts judgment recording companyviction against the appellants under Section 411, I.P.C. and sentence of three years rigorous imprisonment imposed upon each.
