RAM LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) 1. These two connected appeals were heard together and are being disposed of by a common judgment.

(2.) A dacoity was committed by 10-11 persons on the Right between the 18119th of March, 1974, at about mid night at the residence of Sabhajeet (PW 1) and his two neighbours, in village Banpurwa (Dewapar) within police circle Mariahun, District Jaunpur. The bandits not only ransacked the house, but they fired shots also during the course of the commission of the crime thereby causing injuries on the body of certain persons including Han Charan, who succumbed to his injuries and his death was immediate. The miscreants escaped with booty. These facts have been accepted by the trial court and were not assailed before me on behalf of the appellants.

(3.) The crime was registered on the following morning at the said police station and after usual investigation in the course of which the appellants, viz. Ram Lakhan, Jawahar and Khalil and three others, namely, Dharam Raj Chhamanath and Basantoo were arrested, put up for identification and after seeing the result of the test parade, they were charge sheet as a consequence whereof they were committed to the court of session, where they were tried for committing the offence punishable under section 396 of the Indian Penal Code.