SHAMBHU DALYAL Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) Both these appeals, one by the State and the other by the original informant Shambhu Dayal, are filed against the judgment and order passed by the Allahabad High Court in Criminal Appeal No. 731 of 1987. The High Court acquitted all the six respondents, who were convicted and sentenced to death by the Court of Sessions, Pratapgarh in Sessions Trial Case No. 91 of 1978 for the offence punishable under Section 396, I.P.C. Respondents Nos. 1, 2 and 4 were also convicted under Section 412, I.P.C. and sentenced to suffer five years rigorous imprisonment.

(2.) Briefly stated the prosecution case was that during the night intervening 12/13-10-1977 the six respondents along with one Dinesh committed dacoity in the house of Dal Chand and in order to commit dacoity caused injuries to Manohari Devi, Bimla Devi, Dayavanti, Pradeep, Sandeep, Anita, Dal Chand, Darshani Devi and Surji Devi, out of whom as many as six injured, namely, Manohari Devi, Bimla Devi, Dayavanti, Pradeep, Sandeep and Anita lost their lives after some time. It is the prosecution case that during the investigation respondents Banu Pratap, Bhola, Ramesh, Virender and Govind were identified by some of the prosecution witnesses. It is also the prosecution case that respondent Subhash, Bhanu Pratap and Ramesh were found in possession of stolen articles, which were discovered at their instance.

(3.) In order to prove its case the prosecution examined five eye witnesses - PW-2 to PW-6 - and also led evidence regarding recovery of stolen articles. The trial Court believed the prosecution evidence, except against accused Dinesh, and convicted the other accused.