JABAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Appeal No. 1433 of 1981 has been filed on behalf of Appellants Jabar Singh and Harpal Singh against the judgment and order dated 24.6.1981 passed by learned Vth Addl. Sessions Judge, Moradabad in S. T. No. 192 of 1975 in which they have been convicted under Section 396, I.P.C. and sentenced to undergo rigorous imprisonment for ten years. Similarly Criminal Appeal No. 1539 of 1981 has been filed by Appellants Sardar Singh, Veer Singh and Babu Singh against the judgment and order dated 24.6.1981, passed in S. T. No. 192 of 1975 by learned Vth Addl. Sessions Judge, Moradabad in which they have been convicted under Section 396, I.P.C. and sentenced to life imprisonment. Appellant Babu Singh has further been convicted under Section 412, I.P.C. and sentenced to undergo rigorous imprisonment for three years.

(2.) Both the appeals have been filed against common judgment and order dated 24.6.81 hence they are being disposed of by a common order.

(3.) The prosecution story in brief is that in the night of 26/27.7.1974 complainant Harbansh and his son-in-law Chandrabhan who used to live with the complainant at that time were sleeping at their baithak. The daughter of complainant Smt. Ramwati was sleeping inside the house Jasram and his wife Smt. Kashmiri, Puran and his wife Smt. Veerwati were sleeping in their kothas in the house of Jasram. In the house of Ganga Sahay his son Dharam Singh and his wife Smt. Amari were sleeping in that night. One Lantern spreading light in the baithak and another lantern was spreading light inside the house of the complainant. Similarly one lantern was spreading light in the house of Jasram and another lantern was spreading light in the house of Ganga Sahai at that time. It is further stated that Nepal Singh and Hari Singh were sleeping at the chaupal in that night.