KALLAN NO 1228 Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. Kalian has preferred this appeal from Jail against his conviction under Section 396ipc and sen tence 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 verandah of his house in village Pikora, P. S. Dhebarua, 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 in formant and other family members started raising an alarm on which Bharosey and some others came there flashing their tor ches. 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 num ber of villagers had collected there they could not take away any properly and started fleeing from there. While leaving they shot at Munesar who dropped down dead after receiving gunshot 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. Dhabrua, wherein details of the property looted was also given.

(3.) WE have heard Sri Vinay Saran who has been appointed as amicus curiae for the appellant, learned AGA for the State and have perused the record.