Extract
Bharat Sanchar Nigam Ltd. & Anr. VS. Bpl Mobile Cellular Ltd. & Ors.
The Judgement Information System REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 803 OF 2001 State of U.P. versus Awdhesh JUDGMENT Dr. ARIJIT PASAYAT, J.1. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court setting aside the conviction of the respondent for offence punishable under Section 396 of the Indian Penal Code, 1860 (in short the `IPC') as was recorded by learned Vth Additional Sessions Judge,Fatehpur. The respondent was sentenced to imprisonment for life by the said judgment; but he was acquitted of the charge relatable to offence punishable under Section 314 IPC.2. Background facts in a nutshell are as under: A dacoity was committed on 9.5.1973 at about mid day for about 2-3 hours in the house of three brothers namely Ramdas (PW-9), Har Prasad (PW-2) and Hiralal (hereinafter referred to as the `deceased') in village Palia Buzurg within the area of police station Hathgaon, district Fatehpur. It was alleged that about 16-17 dacoits successfully decamped with cash, jewellery, ornaments, firearms etc. During the course of commission of dacoity, Hiralal, Mahesh Chandra and Smt.Mahabiria sustained injuries of whom Hiralal died.While dacoity was in operation, the matter was reported orally at police station, Hathgaon by village chowkidar Ram Ratan (P.W. 3) on the same day at 1.30 P.M. wherein none was named. Head Moharrir Fateh Bahadur Singh (P.W. 1) recorded the report in chick register and registered case under Section 395/397 IPC. Station Officer Yadram Verma (P.W. 29) took up investigation and he immediately proceeded to the scene of occurrence. He met injured Hiralal, Mahesh Chandra and Smt. Mahabiria on the way. He got the said injured sent for their medical examination with "chithi majroobi". When the injured persons were being taken to hospital, Hiralal succumbed to his injuries. The constable who was escorting the injured then gave information at police station about the death of Hiralal, whereupon case was converted to one under Section 396 IPC.When the investigating office...
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