STATE OF U.P. Vs. AVADH RAM

JUDGEMENT

(1.) The instant appeal has been filed against the judgment and order dated 06.02.1981, passed by the IInd Additional Sessions Judge, Bahraich, in S.T. No. 417 of 1979 ( State vs. Awadh Ram and others ), arising out of the Case Crime No. 43 of 1979, under Section-396 IPC , Police Station (in short P.S.) Sonwa, District-Bahraich whereby respondents-accused (hereinafter referred to as 'the respondents,) Awadh Ram, Piarey, Chhotey, Gaya Prasad, Jhabbar, Kallan, Azeem Sain, Bharosey and Hari Ram have been acquitted by the trial Court from the charge for offence under Section 396 IPC.

(2.) The brief facts, arising out of this appeal, are that Awadh Ram, (Pw-1), informant, resident of village Majhawwa Bujurg, P.S.- Sonwa, District Bahraich, lodged first information report (in short FIR) (Ext. Ka-1), on 03.7.1979 at 6.40 A.M., stating therein that in the intervening night of 2/3 July, 1979, he, his father Samaydin, brother Faren and other family members were sleeping outside his house whereas the ladies were sleeping inside the house. A lantern was emitting light on the Darawaja (outer door of Court-yard) of the house. At about 00.30 A.M., 18-20 dacoits appeared at his house and as they dashed the door, he and other family members, sleeping outside the house, got-up. It is further stated that when the informant (Pw-1) and his other family members asked about the identity of the dacoits , they started to beat them by Lathi- Danda and by removing the Tatia (temporary partition made by gross and wood), they, armed with Lathi, Danda, Pistol, Gun, Ballam and Torches, entered into his house. Informant (Pw-1) and his family members raised alarm whereupon Faquirey (Pw-5), Munna (not examined), Pahalwan (not examined), Ashok Kumar (not examined), Ram Adhar (not examined) Daya Ram (not examined), deceased Ram Sumiran , Autar (not examined) and other co-villagers came with Torches, Lathi, Danda and Beroo. Ashok Kumar put fire on Jhakhar (heap of Chara) which emitted sufficient light to identify the dacoits. It is further stated in FIR that dacoits started fire with gun and country made pistol which caused injury to Samaydin, Smt. Dulara (wife of informant), and Ram Sumiran and they died on the spot. Since the dacoits were bent upon to kill so many people of the village, the villagers challenged the dacoits and attacked upon them with Lathi, Danda, Beroo , brick and stones; one dacoit was caught and died on the spot, due to injuries caused by the villagers, crying Sardar- Sardar and some dacoits had also got serious injuries in counter attack. It is further stated that dacoits remained at the place of occurrence about half-an-hour and looted the house of Chhotey Lal (not examined), Ram Autar (not examined) and Maya Ram (not examined), besides the house of informant and thereafter they escaped from the place of occurrence towards western side of the village after looting the jewelery and cash. It is further stated in FIR that Faquirey (Pw-5),Munna Lal(not examined) and Sarojini (not examined) also got serious injuries, caused by dacoits and they had been sent to Sadar Hospital, Bahraich for treatment . It is further stated that dacoits had been identified in the light of torches, lantern and light emitted from burning of Jhakhar.

(3.) On the basis of the said information, the Chik report (Ext.-Ka 4) was prepared, a case was registered on report No.9 at 06.40 A.M. on 03.07.2019 (Ext. Ka-5) and investigation of the case was entrusted to Sub Inspector (In short S.I). Sukh Sagar Singh (Pw-7) who rushed to the place of occurrence, inspected the dead body of Samaydin, Smt. Dulara Devi, Ram Sumiran and unknown dacoits, prepared inquest memo of the dead bodies and other relevant papers (Ext. Ka-6 to Ext. Ka-17), required for post-mortem examination,sent the dead bodies to District Hospital Baharich for post-mortum examination, recorded the statement of Awadh Ram (Pw-1), Budh Sagar (Pw-2), Tula Ram (Pw-3), Devesh Kumar (Pw-4), Faquirey (Pw-5) and other witnesses, inspected the place of occurrence and prepared site plan (Ext.Ka-18), took the sample of blood stained and plane earth, a pair of Sandle, one shoe, empty cartridges, ashes of burnt Jhakhar from the place of occurrence , inspected the lantern and torches and prepared memo (Ext. Ka-19 to Ext.Ka-25). Meanwhile the investigation was undertaken by Station Officer Sonwa, S.I. Rana Pratap Singh (Pw-9) on 05.07.1979 who arrested the respondent Awadh Ram and also sent instructions to S.I. T.N. Singh (Pw-8) of Police Station Hardi for arrest of other respondents. S.I. Ram Nagina Singh (Pw-6) arrested respondents Hari Ram, Azeem Sain and Bharosey, S.I. T.N. Singh (Pw-8) arrested respondents Tej Bahadur, Gaya Prasad, Chhotey, S.I. Shyam Nath Singh (Pw-10) arrested respondent Kallan, S.I. Mehndi Hasan (Pw-13) arrested respondent Jhabbar, and Constable(In short Const.) Daya Shanker (Pw-16) arrested respondent Piarey.