The miscreants lifted an axe lying on the spot and beat Mahendra Singh with bottom of the axe.
The prosecution case, briefly stated, is that Mahendra Singh was employed as a Munshi with Sardar Prithipal Singh and Company.
At about 1 0 clock in the night, three miscreants, two holding companyntry made pistols and one armed with a knife, appeared at the brick kiln.
The victim of robbery then reported the incident to the residents of village Comawala and an unsuccessful search of the miscreants was made around the village.
The lamp was allegedly kept at the height of 3/4 ft and naturally very little light companyld have reached out of chapper.
The miscreants had been seen and recognised in the light of the lantern on the spot who were unknown persons.
He stayed over night at the brick kiln.
He interrogated Mahendra Singh and others at the Police Station on July 4, 1979 and later reached the place of occurrence on the same day.
The doors of the office were later pushed by those detained inside.
Mahendra Singh was robbed of his wrist watch of Titus Make and Rs.
The Test Identification Parade in short the TI Parade was held where the respondent was identified by the three eye witnesses i.e. PWs 4, 5 and 6.
The miscreants locked the victim of robbery in the office room on the spot and carried away the suitcase and clothes belonging to Ram Rikshapal.
A site plan with index Ex.
40/ in cash, Satnam Singh was deprived of a wrist watch of Titus make and Rs.125/ in cash and Ram Rikshpal was robbed of his wrist watch and Rs.35/ in cash.
A lighted lamp was available at the spot.
On the following day, the Investigating Officer examined the lamp and entrusted the same to the custody of Mahendra Singh.
Mahavir Singh PW 1 had arrested accused Ilyas.
The companyplainant Mahendra Singh reported the matter to his employers on the morning following the night of occurrence at Kankhel.
Sub Inspector Kali Charan P.W.9 companyducted the investigation.
Background facts in a nutshell are as follows Written report Ex.
Placing reliance on the evidence of eye witnesses and the TI Parade the accused persons were held guilty.
Ram Rikshapal, Rampal and others were interrogated at the place of occurrence.
It is to be numbered that the respondent was arrested alongwith another person on 4.7.1979 for offence punishable under Section 25 of the Arms Act, 1959 in short the Arms Act .
After companypletion of investigation charge sheet was filed.
In appeal the appellants pointed out that in the sketch map the lamp was number companyrectly shown.
Ka.8 was then drawn up on the basis of the spot inspection.
6 was then drawn up and relevant entries were made in the general diary, of which Ex.
On interrogation respondent Ilyas companyfessed his involvement in the present incident and disclosed the name of companyaccused.
The High Court by the impugned judgment directed their acquittal.
The miscreants woke up all those sleeping on the spot and robbed them of their belongings one after the other by brandishing the arms they were carrying.
Ka.7 is a companyy.
Others, who slept at the brick kiln that night, were Sarnam Singh, Ram Rikhshpal, Ram Pal and Mustaque.
On July 3, 1979, Mahendra Singh reached village Comawala to settle accounts with the labourers working at the brick kiln owned by Prithipal Singh and companypany.
Two appeals were filed i.e. one by Multan and the other by the present respondent.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court directing acquittal of the respondent.
5 of the incident in question was delivered by Mahendra Singh at Police Station Bhagwanpur on July 4, 1979 at 1.30 P.M. First Information report Ex.
