Chapter 3 - The Robbery

In the preceding chapters, I provided a comprehensive history and background of the property, delving into the details surrounding the dispute. In this segment of the chapter, my focus shifts to the criminal nature of the robbery that transpired on April 10, 2018.

Sequence of Events on the day of the Incident

The property P is located on a prominent main road in Kanpur. My maternal uncle home is just 100 meters away from the property. Adding to the surroundings, there is also a nationalized bank situated directly across the road from property P.

My father lives outside of Kanpur, and we generally spend only a few months at P; otherwise, it remains locked. A week before the robbery, both my father and mother were at the P property. However, on April 10th, 2018, my father was on a train with my mother, on the way, returning to his place of work.

On the morning of April 10th, 2018, as my maternal sister proceeded to school along the main road in front of the property, she noticed a broken lock and a swarm of around 50-60 unfamiliar individuals inside the premises. Reacting swiftly, she hurried to school and promptly contacted her father, my maternal uncle, conveying the distressing situation and her observations. In response, my maternal uncle, accompanied by his wife, sister-in-law, and nephew, rushed to the property. Even before reaching the location, my maternal uncle promptly alerted the police about the unfolding crisis.

Upon reaching the property, my maternal uncle and his family were confronted with a distressing sight—intruders pillaging the premises. Among these trespassers were recognizable figures, including some of my uncles, their sons, and individuals known to have shops in the vicinity. In an effort to thwart their illicit activities, my maternal uncle courageously confronted them, only to face physical assault in return. Despite having already informed the police in a bid to protect the property, the situation escalated, leading the intruders to resort to threatening my maternal uncle’s life. Undeterred, they successfully fled the scene, absconding with whatever valuables they could seize and utilizing a loader for the transportation of their ill-gotten gains.

On the same day, my maternal uncle filed a complaint with the police, and the police registered an FIR under 154 Cr.P.C against the intruders. The intruders were charged under the Section 147, 452, 323, 506 and 380 of Indian Penal Code. The identified criminal were arrested on the same evening, however, they were released the same night by bribing the police officials.

The incident is recorded in the camera footage of the bank across the road from the property. The footage shows the intruders entering the property and leaving with the stolen goods. The footage also clearly shows the loader used to transport the stolen goods.

However, when the case was filed in the court of law as State of UP vs Identified Criminals, sections major section like 380 and 302 are dropped. Now, its been more than 5 years, and there had no progress in the case. The case is still pending in the court of law.

Analysis

Lets delve into the facts of the case and analyze the situation.

• The robbery was a well-planned and coordinated effort. The intruders were aware that my father was not at the property.
• The crimical incident occurred in broad daylight, and the same is recorded in the camera footage of the bank across the road from the property.
• The intruders include the buyers and sellers of the property, who are also the defendants in the civil case.
• The sellers have no legal right of selling to the property, and the buyers have no legal right to buy the property as established in the Chapter 2 of this series.

My Inference

I believe this criminal event is a heinous crime, and the perpetrators should be punished to the full extent of the law. The criminal act was committed by the defendants in the civil case, and the same is recorded in the camera footage of the bank across the road from the property. The sellers have no legal right of selling to the property, and the buyers have no legal right to buy the property as established in the Chapter 2 of this series.

Since this activity is carried out in daylight, with more than 50 intruders involved, and the same is recorded in the camera footage of the bank across the road from the property, I believe the charged dropped by the police and the court of law is a clear case of corruption. In my opinion, apart from the Section 147, 452, 323, 506, and 380 of Indian Penal Code, the intruders should atleast be also charged under the Section 392 of Indian Penal Code, if not less.

Conclusion

The robbery reveal a deeply orchestrated and premeditated scheme. The perpetrators exhibited a keen awareness of the property dynamics, striking when my father was absent. This calculated move speaks to a level of coordination that extends beyond mere criminal intent. What adds a chilling dimension to this incident is the audacity with which it transpired in broad daylight. The entire sequence of events is indelibly etched in the camera footage obtained from the bank across the road—a damning testament to the brazenness of the act.

Crucially, it comes to light that the sellers, who purportedly executed the sale of the property, lack any legal standing to do so, a point meticulously established in the legal exploration undertaken in Chapter 2 of this series. As we grapple with the aftermath of this well-coordinated crime, the intersection of criminal and civil dimensions remains a focal point.

In the labyrinthine corridors of the Indian legal system, the prolonged battles for justice can exact a heavy toll on one’s mental peace and stability. It often feels as though the system takes more than it gives, leaving individuals in a state of seemingly endless waiting. Instead of being productive and contributing to our own well-being, our families, and society at large, we often find ourselves entrapped in a ceaseless legal struggle. However, I’ve chosen to view this extended ordeal as an opportunity, a chance to understand the law, put it through my unique perspective and present it to the world through this blog post.

While I am by no means an expert, I am a novice who has embarked on a journey of research and the sharing of personal opinions. Through this blog post, I hope to engage in a constructive and open-minded dialogue with the wider community. I understand that this conversation may yield benefits not just for me but also for many others who find themselves in similar positions. Your thoughts, opinions, suggestions, and advice on this article are invaluable.

Together, as an open-minded community, we can collectively work towards building a better India—a place where the pursuit of justice is not a cumbersome burden but a fundamental right accessible to all. Let’s join hands and contribute to the ongoing transformation of our legal system and our society. Together, we can build a brighter and more just India.