HORI LAL Vs. STATE

JUDGEMENT

(1.) The appellant named above has preferred this appeal against the judgment and order dated 20-5-1980 passed by Sri I.P. Singh the then III Additional Sessions Judge, Etah convicting and sentencing the appellant to one year R.I. under Section 147, I.P.C. and to life imprisonment under Section 302 read with Section 149, I.P.C. The appellant has further been sentenced to four years R.I. under Section 307, I.P.C. read with Section 149, I.P.C. All sentences are to run concurrently.

(2.) The prosecution case in brief is that in the night of 23-3-1979 Ram Dev PW-1, his father Ram Prakash the deceased and other family members were sleeping in their house situated in village Lauraiya within the area of police station Patiali. At about 11 p.m. 15-16 dacoits raided their house. Deceased Ram Prakash somehow woke up and challenged the dacoits whereupon the dacoits fired upon him. Ram Prakash returned the fire towards the dacoits with his licensed gun. In return further firing made by the dacoits injured Ram Prakash and he fell down. Ram Dev PW-1 also in the meantime got up and picked up the gun of his father and entered into a kothri and closed the same from inside. He also opened fire on the dacoits from the window of the kothri. In the incident Smt. Chandrawati mother of Ram Dev also sustained fire arm injuries at the hands of the dacoits. On hearing the sound of firing villagers including Bahoran Singh PW-2, Prem Pal Singh PW-6 and Rajendra Singh PW-7 gathered all around the house of Ram Dev and they also resorted to firing from their licensed guns. Two of the dacoits sustained fatal gun shot injuries and they died on the spot. Seeing the enormity of counter attack by villagers the dacoits left the house and fled away without looting any booty. The dacoits were alleged to have been seen in the torch light and the witnesses claimed that if confronted with they would identify them. However appellant Hori Lal is said to have been identified amongst the dacoits.

(3.) After the dacoits had left the scene of occurrence, Ram Prakash succumbed to his injuries and expired within an hour. Ram Dev then himself wrote down the First Information Report Ex. Ka. 1 and lodged the same at police station Patiali at 7.15 a.m. on 24-3-1979 on the basis of which case was registered and the same was investigated by S.I. Rameshwar Singh PW-8. He took into possession the dead bodies of Ram Prakash and two unknown dacoits and sent them for post mortem examination. Spot inspection was made and blood was collected from the scene of incident. Six empty shells of cartridges were also found on the spot. Four empty cartridges of 12 bore were given to the I.O. by Ram Dev which were also taken into possession. Appellant Hori Lal was arrested on 25-3-1979 and after completing the investigation the appellant alone was charge sheeted and was sent for trial.