SIA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Appeal has been preferred by accused-appellant Siaram against the judgment and order dated 24-10-1980 passed by Sri R. C. Gupta, the then II Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 75 of 1980. He has been convicted under Section 302, I.P.C. read with Section 34, I.P.C. under Section 394, I.P.C. Life imprisonment has been awarded for the former offence and ten years rigorous imprisonment for the latter one. Both the sentences have been ordered to run concurrently. One Lakhan was also tried with him, but he was acquitted.

(2.) Broad spectrum of the prosecution case may be noted. In between the night of 28-29-10-1979 at about midnight an armed robbery was committed at the house of Ballo PW 1 in village Sisora, Police Station Banda, District Shahjahanpur by four persons who looted ornaments from her person and from the person of her husband Rupan. The murder of her husband Rupan was also committed in this incident and injuries were caused to her brother Kandhai. She along with her mother-in-law Rukmini and children had slept in the east faced thatched room situate towards north-west of the inner courtyard of her house. Her husband Rupan and her brother Kandhai had slept in the west faced room situate towards east of the inner courtyard. A small kerosene lamp was glowing in the room in which her husband and her brother were sleeping. At about midnight, four miscreants entered the house. Two of them were armed with lathies and the other two had Soojas (sharp edged weapons). They first went inside the room where Kandhai and Rupan were sleeping. Kandhai had covered his body with a quilt whereas Rupan had covered his body with a blanket. They first removed the quilt of Kandhai who woke up. Then the miscreants removed the blanket of Rupan. He also woke up. Rupan was wearing gold rings in his ears which the miscreants look out. Rupan then raised alarm which was to the disliking of the miscreants and one of them assaulted him with Sooja. Kandhai also raised alarm and he too was assaulted with Sooja. On their alarm, Ballo PW 1 also awoke and she rushed for help. One of the miscreants then caught hold of her inside the inner courtyard and robbed her of her silver Khagaria and Jhanjh which she was wearing on her person. She also raised alarm which attracted the witnesses Chhutkai. Dwarika and Umarao. All the miscreants came out of the northern exit of the house and fled away towards east. Rupan had fallen down from his cot after receiving injuries and had died when Baldeo had reached him. Kandhai was lying injured on his own cot. The report was lodged by her on 29-10-1979 at 8 a.m. The distance of the Police Station from the place of occurrence was 5 miles. None was named in the first information report, but it was mentioned that she and the witnesses had very well seen the miscreants who could be identified on coming face to face. A case was registered and investigation entered into.

(3.) Injuries of Kandhai were examined on 29-10-79 at 1.30 p.m. by Dr. Lalit Kumar PW 5. He had suffered punctured wound .5 cm x 2.5 cm. x .5 cm deep over left side of chest which had been caused by some sharp edged weapon.