UMESH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The four appellants stand convicted under Sections 395 and 397, IPC having been sentenced to seven years with a default stipulation.

(3.) A dacoity took place on 28.08.1992 at about 7.30 p.m. in the house of the informant Hukumchand. Seven accused intruded and looted cash and jewelry while the family was watching television along with a neighbour Rajendra, and fled away. The FIR was lodged by Hukumchand at 8.30 p.m. At about 10.30 p.m. in the night, the appellants are stated to have been apprehended at the police check post travelling in a Maruti van. They are stated to have confessed having committed dacoity at the house of Hukumchand and to have looted cash and jewelry which were recovered from them along with weapons on their person. During the pendency of the trial the informant Hukumchand and Rajendra have been deceased. The primary witnesses are PW-1, the wife of Hukumchand and PW-2 the son of Hukumchand who was about 13 years of age at the time of occurrence.