MOLHAY Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by the appellants Molhay and Ram Saran against the judgment and order dated 28.08.1981 passed by IIIrd Additional Sessions Judge, Bahraich convicting both the appellants in Session Trial No. 246 of 1980 and Session Trial No. 321 of 1980 related to Case Crime No. 171 of 1979 under Section 396 IPC, P.S. Fakharpur, District Bahraich. By the impugned judgment and order, learned Session Judge held guilty to both the accused-appellants for the offence under Section 396 IPC and sentenced them for rigorous imprisonment for life.

(2.) As per prosecution case in the night of 18/19.09.1979, 8 to 10 dacoits armed with deadly weapons like Gun, spears, kanta etc., came at the door of the house of the informant Gangaram and started beating Ganga Ram's father Mangrey who was sleeping on the cot and inflicted injuries to him resulting in his death on the spot. Family members awoken. Informant raised alarm, attracted neighbourers and villagers and they reached there having 'lathies', torches in their hand and in the light of torch and Dhebri, they saw the occurrence. One witness Nankau ignited the 'Khari' etc., which was lying their in the shape of heap and in that light also faces of the dacoits were seen but they were unknown persons. Some of dacoits scaled and jumped the wall of the house and open the door and rest dacoits also entered into the house and started looting valuable and they have also beaten the witnesses when they tried to interfere in their loot work. They have also looted the articles from the house of neighbour Tulsi Ram and left the place firing shots creating atmosphere of terror there.

(3.) Report was lodged at the police station, on the same case was registered. Station Officer started investigation in the matter and he visited the spot. He prepared inquest report, photo lash, challan lash, letter to C.M.O., and sealed the dead body to send it to mortuary for autopsy. Bloodstained and "Sada Mitti' and sample of "Ash" of burnt Khari and discharged cartridge was collected and recovered by him from the spot and separate memo's were prepared. Dhebri and torches of informant and witnesses were also seen. As these were found in working order, after preparing memo's, given in their "Sapurdagi" with direction that they will produce them in the court. Site plan of the place of occurrence was also prepared. Statement of witnesses were recorded. As the first investigating officer was transferred other Station Officer appointed Ajlal Husain started the investigation. On the information, he arrested both the appellants along with other accused persons when they were preparing for another dacoity, in an encounter with police on 19.03.1980 for the offence under Section 399/402 IPC and arms also are said to have been recovered from possession of some of them. On interrogation, both the accused-appellants along with others have confessed guilt about their complicity in this case of dacoity also. They were made "Baparda" with further direction to them to keep as such because they shall be put for identification by the witnesses of this case and they were brought at the police station and after obtaining their remand from the Magistrate concerned, were sent to jail. Injuries of the injured witnesses were examined by the doctor and their injury report along with post-mortem report was collected by the investigating officer.