RAM SANEHI Vs. STATE OF U P

JUDGEMENT

(1.) Ram Sanehi, Madhur, Ram Chandra, Suresh, Anganu and Raja Ram were convicted by Sri P.S. Chhabra, Special Judge, Dacoity Affected Area, Etawah under section 396 I.P.C. and sentenced to imprisonment for life on 28-7-1986 in Sessions Trial No. 10 of 1983. Aggrieved thereby Ram Sanehi, Madhur, Anganu and Raja Ram filed the Criminal Appeal No. 2006 of 1986 and Ram Chandra and Suresh filed the Criminal Appeal No. 2031 of 1986. Both these appeals were taken up and heard.

(2.) A prosecution case briefly stated is that at 1 a.m. in the night between 30-6-1979 and 1-7-1979 the appellants along with a few others committed dacoity at the house of Babu Ram son of Surjan Singh sitriated in village Adda which is a hamlet of Balampur, police station Ekdil, District Etawah. During the dacoity, on the alarm raised, the dacoits fired. Munna Lal, Darbari Lal, Ram Charan and many others persons of the village arrived at the scene of the occurrence. Darbari Lal ignited fire in the tree, as a result of which enough light was created. There was also a kerosene lantern hanging on the jackfruit tree outside the house and another kerosene lamp inside the house. The appellants Ram Sanehi and Madhur of village Gohans, Munna Lal, resident of Nay a Nagla, Ram Chandra Resident of Nagaria and Anganu, Raja Ram and Suresh of Balampura in the hamlet of which the informant himself resided, were identified. The other dacoits, who had participated, had been clearly seen and on being produced could be ascertained. The dacoits while fleeing had fired again, injuring the brother of the informant names Sugar Singh, his relative Babu Ram and also Surendra Singh. The dacoits decamped with the cash, ornaments and article detailed at the foot of the F.I.R. When the injured were being taken to the police station Sugar Singh died but before his death, the Investigating officer had examined him and his statement is Ex. Ka.6.

(3.) The post-mortem-report of Sugar Singh, the genuineness of which was not challenged, is Ex. Ka. 5 and the medical reports of Surendra Singh and Babu Ram are Ex. Ka. 3 and Ka. 4. The memo in respect of the kerosene lamp and the divri is Ex. Ka. 2 and the memos in respect of the empty catridge, blood stained and plain earth and the ashes of the burnt tree are Exs. Ka.8, Ka. 9 and Ka. 10.