FATTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the judgment and order dated 24.08.1982, passed in Sessions Trial No. 43 of 1977, by learned Additional Sessions Judge, Dehradun, whereby appellants Fatta and Ibrahim have been convicted under Section 395 read with Section 397 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.); under Section 412 of I.P.C. and also under Section 307 read with Section 149 of I.P.C., and each one of the appellant has been sentenced by the trial court to rigorous imprisonment for ten years under Sections 395/397 of I.P.C.; rigorous imprisonment for five years under Section 412 of I.P.C. and rigorous imprisonment for five years under Section 307/149 of I.P.C. All the sentences are directed to run concurrently by the trial court.

(2.) Heard learned counsel for the parties and perused the entire record.

(3.) Prosecution story, in brief, is that P.W.2 Kewal Ram lodged a First Information Report (Ext. A-6) at police station Sahaspur, District Dehradun, on 16.02.1977, at 9:05 P.M., informing that at about 8:00 P.M., when he along with his son P.W. 3 Balwant and son-in-law Rajendra Singh were in the sitting room of their house and the ladies of the family Smt. Kasturi and Smt. Bala were inside the house, some 6-7 persons entered in the courtyard of their house. The miscreants, when interrupted by the above male members, started beating P.W. 3 Balwant and P.W. 4 Rajendra Singh. The miscreants, thereafter, entered inside the house and committed dacoity. Inside the house Smt. Kasturi raised alarm on which one of the dacoits fired shot at her from a country-made pistol and caused injuries to her. Meanwhile, Smt. Bala came out and she also raised alarm on which neighbours Bashir, Islam and Samir and some other persons reached there. According to the prosecution story one miscreant was armed with an axe and some of them were armed with lathies. The miscreants looted a double barrel gun and 50 cartridges along with the licence from the house of informant Kewal Ram. The witnesses saw the faces of the dacoits in the light of lantern and torches. After commission of dacoity the miscreants ran towards the canal. While fleeing from the scene of occurrence they fired at the tyres of taxi bearing registration No. P.N.B. /4331, parked outside the house, and damaged the same, so that the same may not be used in chasing the dacoits. The police registered the case and prepared check report Ext. A- 20, and necessary entry was made in the general diary (copy of extract of which is Ext. A-21). The crime was investigated by P.W.14 Station House Officer Narendra Singh, who immediately after receiving the information, rushed to the spot and thereafter tried to chase the dacoits but the dacoits could not be traced in the jungle in whole of the night. Next morning, the Investigating Officer prepared site plan (Ext. A-11) and collected the broken glasses of taxi and lantern etc. from the place of incident. Me also recovered empty cartridges and prepared memo Ext. A-12. During investigation, appellant Fatta and Ibrahim were arrested in connection with a crime and stolen articles (Ext. 1 to Ext. 19) were recovered from the possession of the appellant Fatta, while Ext. 20 to Ext. 42. and Ext. 44 and Ext. 45, were recovered from appellant Ibrahim. After identification proceedings, on conclusion of investigation, charge-sheet (Ext. A-19) was submitted against both the above appellants. Some of the other accused were also arrested later on, and separate charge-sheets (Ext. A-25 and Ext. A-26), were filed against them. They were also tried along with the Sessions Trial No. 43 of 1977.