G. S. N. TRIPATHI, J.

Accused Sajid, Manjoora and Akbar have been convicted on a charge under Section 395, I. P. C. and sentenced to undergo 5 years R. I. Accused Nanhey has been convicted on a charge under Section 412, I. P. C. and sentenced to undergo 5 years R. I. The order of conviction and sentence was recorded by the then IV Additional Sessions Judge, Moradabad by his judgment and order dated 23-11-1979 passed in S. T. No. 636 of 78, District Moradadad.

2. The complainant Masudul Hasan, PW 1 lodged the report at the police station Hayatnagar, district Moradabad on 27-11-1977 at 4 p. m. The distance of the police station is 7 miles. The incident is said to have been taken place on 26-11-1977/27-11-1977 at 12 midnight. It is alleged in the F. I. R. that in the night of occurrrence the complainant was sleeping at his tubwell. His servant Ghulam was also there (Ghulam not produced ). At about 12 midnight, the complainant got up to make water when he was arrested by six persons. One of them had single barrel gun, two had pistols and three had lathies. On the point of gun, they removed two pattas of the tubewell, one bucket, one cushion, one wrench and one bag of calcium fertiliser

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