RAMESH SINGH Vs. STATE

JUDGEMENT

(1.) Ramesh, Dhanpal, Naresh, Nem Singh, Satish Singh, Shree Pal and Suraj Pal were charged for the offence punishable under S.396 of the Penal Code by the Special Judge (Dacoity Affected Area), Etah. During the trial Ramesh was also charged for the offence punishable u/S.302, I. P.C. while the rest six were charged u/S. 302 read with 149, IPC. Out of them only Ramesh was found guilty, convicted and sentenced to imprisonment for life u/ Ss. 396 and 302, IPC each. Rest six were acquitted. As against this order of conviction appellant Ramesh filed this appeal. The State also filed Government Appeal No. 188 of 1985, State v. Dhanpal Singh and 5 others against acquittal in this court. This appeal has been summarily rejected by this Court on 10-2-1987. Hence we are left with this appeal only.

(2.) The prosecution case is that the daughter of maker of the report Smt. Ramawati was married recently. This married girl Smt. Pravesha had returned to her father's house after marriage, a few days back. It is alleged that at about 12 in the night between 18and 19/06/1983, some dacoits scaled the walls of the house of Smt. Ramuwati, situated in village Managadpur, P.S. Aliganj, District Etah. They started looting property. They overpowered Satyapal son of the reporter and threatened that they will kill him if all valuables were not handed over. The reporter handed over the valuables. Despite this, the dacoits shot at Satyapal and caused his death. It was alleged that the dacoits were recognised in the light of torch. Besides the persons mentioned in the opening sentence of this judgment some more unknown persons were recognised. According to prosecution on the alarm raised by the inmates of house Atar Singh, Rampal Singh, Sudhar Singh, Ram Swaroop Singh, Shripal Singh, Ram Prakash Singh and others arrived. They too saw the dacoits and recognised them. The dacoits had looted Rs. 2000.00 cash and ornaments worth Rs. 70 to 80 thousands.

(3.) Report of the occurrence was lodged by Smt. Ramawati P.W. 2 at Police Station Aliganj at 7-45 a.m. following morning. The investigation was taken up by Sunghar Singh, P.W.6. It was later handed over to Rampal Singh, P. W. 7. Sunghar Singh had conducted the inquest on 19-6-83 and sent the dead body of Satyapal for post-mortem on 19-6-83. The post-mortem was conducted at 9-30 a.m. in mortuary of Etah on 20-6-1983 by Dr. A. K. Malyani, P.W. 4. Doctor has found that the deceased was about 23 years old. He had one ante mortem injury on his person. i.e. one gun shot wound of entry 2.5 cm. x 2.5 cm. x cavity deep over the front of left chest. Other details are not necessary for this case. The doctor opined that the deceased had died as a result of the said injury which was sufficient in ordinary course of nature to cause death. After the interrogation of the witnesses preparation of site plan and other investigations the 7 persons named above were chargesheeted.