KALLAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Kallan has preferred this appeal from jail against his conviction under Section 396, IPC and sentence for imprisonment for life imposed by IInd Additional Sessions Judge, Basti, by his judgment and order dated 24-3-1979 in ST No. 194 of 1976.

(2.) The case of the prosecution as set forth in the FIR, in brief, is that the first informant PW 2, Rajendra Prasad Misra, was sleeping in the outer vernandah of his house in village Pikora. P. S. Dhabarua, in the night of 7-8-1976. His father Ram Lakhan, Surya Nath Pandey and Idris were also sleeping there and a lantern was burning nearby. At about mid-night, 6-7 dacoits armed with various weapons came there and started assaulting them. Three or four dacoits entered the house after scaling the wall and opened the door from inside. Thereafter, they started removing various articles like ornaments, clothes, watch, cash money etc. from there. The first informant and other family members started raising an alarm on which Bharosey and some others came there flashing their torches. The dacoits fired upon Bharosey who received gun-shot injuries and fell down. After committing dacoity in the house of Rajendra Prasad, they entered the house of Shanker Pradhan. However, as a large number of villagers had collected there they could not take away any property and started fleeing from there. While leaving they shot at Munesar who dropped down dead after receiving gun-shot injuries. The dacoits were seen in the light of lantern and torch. A FIR of the incident was then lodged by Rajendra Prasad Misra at 2.30 a.m. on 8-1-1976 at P. S. Dhabarua, wherein details of the property looted was also given.

(3.) PW 12, Ram Pal Dubey, Head Constable, registered the case in the general diary on the basis of the FIR lodged by Rajendra Prasad Misra and prepared the chick FIR. He also prepared other documents in connection with the registration of the case. The police personnel of police station Dhabarua then came to the spot, held inquest on the bodies of Bharosey son of Mathura and Munesar son of Ram Nand Yadav. The bodies were sealed and were sent for post-mortem examination. They also took other steps in connection with the investigation of the case. The appellant Kallant, was arrested near the railway line on 19-1-1976, and after making ba-pardah he was brought to the police station Dhabarua by Ganga Prasad Tewari. ASI and was kept in the lock up. An identification parade for theappellant was arranged in District Jail, Basti, on 13-2-1976, but as the witnesses failed to appear, the parade could not be held. Subsequently, the identification parade was held on 27-2-1976, wherein the appellant was correctly identified by 3 witnesses, namely, PW 2 Rajendra Prasad Misra. PW 3 Shankar and PW 4 Binda. After completing the investigation. PW 11 Ram Raman Bahadur Singh submitted charge-sheet against the appellant, and 3 other persons namely. Sultana, Amresh and Agnoo under Section 396, IPC.