DHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These three criminal appeals arise out of a judgment and order of Sri P.K. Singh, the then Additional Sessions Judge, Fast Track Court no.4, Gorakhpur, dated 29.10.2003 passed in Sessions Trial no.177 of 2002, State of U.P. v. Shyam @ Sambhal and others (arising out of Case Crime no.883 of 2001), under Sections 396, 412 IPC, Police Station Khorabar, District Gorakhpur.

(2.) By the aforesaid judgment and order, each of the five appellants, have been convicted by the learned Trial Judge of commission of an offence punishable under Section 396 IPC and sentenced to suffer Rigorous Imprisonment for Life, besides being ordered to pay a fine of Rs.5000/- each. In default of payment of fine, the concerned appellant has been ordered to suffer one year's R.I. Appellants, Shyam @ Sambhal, Rinku Kumar Chaudhary and Raju Mali have also been convicted of an offence punishable under Section 412 IPC and sentenced to suffer ten years' Rigorous Imprisonment, besides being ordered to pay a fine of Rs.3000/-. In the event of default, the said appellants, have been ordered to suffer seven months' R.I. Both the sentences have been ordered to run concurrently. Aggrieved, Dhan Singh, Rinku Kumar Chaudhary and Jeevan Mali have preferred Criminal Appeal no.293 of 2004, whereas Shyam @ Sambhal has preferred Criminal Appeal no.6021 of 2003. Raju Mali has appealed separately through Criminal Appeal no.109 of 2004. Criminal Appeal no.293 of 2003 has been heard as the leading case.

(3.) The facts giving rise to the present appeal are that a written report, Ex. Ka-1 scribed by the informant, Ajay Kumar Rai (PW-1) was lodged at the Police Station Khorabar, District Gorakhpur with the allegations that on 22.11.2001 at 8 O'clock in the morning, he was at his shop, situate at Chandi (Colony). At that time, he received a telephonic call from his uncle's son, Anil Kumar Rai that something untoward had happened at the house of Rakesh situate in Shivaji Nagar Colony, and that therefore, they should come over at once. On this information, he along with his family members reached the house of Rakesh situate at Shivaji Nagar Colony, and saw that the main door was bolted from the inside. They made a lot of effort to open the door, but to no avail. Then they gained entry into the house by scaling a wall on one side. Once inside, they saw that all the doors were ajar, and upon reaching the kitchen, they found the dead bodies of Rakesh Chandra Rai, Chandra Shekhar Rai and Anoop Kumar Rai lying there, and in the Poojaghar abutting the Kitchen, they found Smt. Leelawati wife of Rakesh Chandra Rai and Renu Rai daughter of Rakesh Chandra Rai lying injured, while in the northern Bedroom, the dead bodies of Bobby, Vikki and Vibhu Rai, all sons of Ranjit Rai, lay. All the attach?-cases and trunks carrying belongings of the inmates had been broken open, and contents were strewn all over the place, giving an impression that the victims had been murdered and their valuables looted. The injured Leelawati Rai and Renu Rai were sent to the Hospital for medical aid. The written report closed with a request to register a case and initiate appropriate action.