BALBIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pranvesh, Advocate holding brief of Sri Jadu Nandan Yadav, learned counsel for appellants, at length, on facts and law both, and learned A.G.A. for State.

(2.) This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as "Cr.P.C.") has been filed by three appellants, namely, Balbir, Mohar Pal alias Chhakauri and Lala Ram against judgment and order dated 11.03.1983 passed by Sri D.C. Srivastava, Judge Special Court (Dacoity), Kanpur Dehat in Session Trial No. 467 of 1981 (State vs. Balbir and others) convicting appellants, Balbir and Lala Ram under Section 395 IPC and appellant, Mohar Pal alias Chhakauri under Sections 395 read with 397 IPC and sentencing appellants, Balbir and Lala Ram to five years rigorous imprisonment and appellant, Mohar Pal alias Chhakauri to seven years rigorous imprisonment.

(3.) As per first Informant, PW-1, Raj Kumar, the prosecution story is, that, in the intervening night of 26/27.06.1981 appellants alongwith four others committed dacoity in three houses in Village Badra Majra Bakauthia, Police Station Kakwan, District Kanpur Dehat. At about 11.00 O'clock four dacoits jumped into the Courtyard of First Informant and opened door, which allowed other six dacoits to enter into the house. They started beating the inmates and looted belongings. PW-1 ran away and raised alarm. After committing dacoity in the house of First Informant all of them looted houses of Ochhey Lal and Ganga Ram in the same village. They also used firearm in the course of dacoity. As per prosecution story in the light of lantern, torches and fire of Pual, the witnesses saw the features of known dacoits and also recognized three known dacoits, who are appellants. In support of their case prosecution examined PW-1, Ram Kumar, scriber of complaint; PW-2, Sheo Singh, an eye witness of dacoity; PW-3, G.P. Thapalyal, Executive Magistrate, who conducted identification parade; PW-4, S.O. R.K. Verma; PW-5, Head Constable, Sri Krishan, who are formal witnesses and PW-6, SI, Ram Bilas, who was Investigating Officer of the case.