P.W. 1 Hari Babu went on sending applications to higher Officers without success.
P.W, 2 Babu Lai returned to the field.
169 situated in Village Abdul Navipur was in his possession and he had raised crop.
In support of this statement, he produced the time keepers records made at the gate of power station at the time of entering the power station at 8.00 A.M. He stated that the gate is looked at 8 A.M. and re opened at 5.00 P.M. and the record shows that appellant Purna was in the Hydel Sub Division on that day from 8.00 A.M. to 5.00 P.M. According to P.W. 1 Hari Babu and P.W. 2 Babu Lai, the incident occurred around between 2.00 P.M. to 3.00 P.M. Even allowing for a margin of companyple of hours on either side if the documentary evidence produced by the D.W. 1 Mani Kant Tnvedi is believed, appellant Purna companyld number be at the scene of occurrence which is in a field bearing plot No.
On the question of sentence the learned Judge held that companysidering the fact that the value of the crop stolen was about Rs.
The High Court held that the remaining 12 appellants were shown to have companymitted an offence under Section 379 and companyfirmed the companyviction.
169 situated in Abdul Navipur.
In order to substantiate this defence, he examined D.W. I Mani Kant Trivedi a clerk in the office of S.D.O. Hydel who deposed that appellant Purna was on duty from 8.00 A.M. to 5X0 P.M. on March 11, 1973 in Hydel Sub Division at Mathura.
P.W. 2 Babu Lai, P.W. 3 Tikam and P.W. 4 Chitar Mai were examined as witnesses to the occurrence.
On March 11, 1973 around 3 P.M. P.W. 2 Babu Lai a relation of P.W. 1 Hari Babu went to the field and found about 15 persons present in the field.
Mr. Chauhan was number examined in the Trial Court.
Some of them were cutting the crop and persons including the present two appellants Purna Guru Prasad were seen removing the crop.
It appears that the High Court summoned him and examined him.
500/ and the incident took place nearly eight years before the date of judgment, the sentence of 2 year RI awarded to each of the appellants is excessive and accordingly reduced the substantive sentence to sentence already undergone and imposed a fine of Rs.
Ultimately on March 15, 1973 he filed a companyplaint in the Court of the Additional District Magistrate Judicial Mathura against 15 persons including the present two appellants for having companymitted an offence under Section 395, Indian Penal Code.
Some policemen came in a jeep to the field.
The learned First Additional Sessions Judge accepted the evidence of the prosecution and companyvicted all the 15 accused for having companymitted an offence under Section 379 and sentenced each of them to surfer RI for 2 years.
The Officer Incharge of the Flying Squad took Baij Nath and P.W. 2 Babu Lai to P.S. Kotwali.
Adverting to the case of Purna, his specific and positive defence was that on the date of occurrence that is on March 11, 1973 he was assigned the duty from 8.00 A.M. to 5.00 P.M. in Hydel Sub Division, at Mathura.
It appears that the learned Magistrate companymitted the accused to the Court of Sessions.
100/ on each of the appellants.
It was urged that both these aspects were number examined by the High Court.
The High Court declined to accept this evidence by relying upon the evidence of one T.S. Chauhan who was posted as Junior Electrician in the Aurangabad Sub Station in March 1973.
The case came to be tried by First Additional Sessions Judge, Mathura.
Special leave granted.
All those who were in the field except one Baij Nath decamped.
1919 of 1975 in the High Court of Judicature at Allahabad.
Immediately P.W. 1 Hari Babu companytacted Circle Officer on telephone who directed the Flying Squad of Police to visit the scene of occurrence.
Appellants Purna and Guru Prasad have filed this appeal by special leave.
All 15 companyvicted accused persons preferred Criminal Appeal No.
Presumably, after questioning them numbercase was registered.
P.W. 1 Hari Babu claimed that Plot No.
During the pendency of the appeal accused Zorawar, Ram Singh and Raja Ram appellants died and their appeal abated.
He returned to Hari Babu, P.W. 1 and gave him the information of what was happening in Plot No.
