SATYADEO BAGHELE Vs. STATE OF U P

JUDGEMENT

(1.) Through instant appeal u/s 374(2) Cr.P.C. two uterine sibling brothers Satyadev Baghele and Dharmveer, sons of Babu Lal, resident of village- Dhak Nagla P.S. Jawan, district Aligarh have challenged and questioned their conviction u/s 395 I.P.C. and implanted sentence of 7 years R.I. therefor, recorded by IVth Addl. Sessions Judge, Aligarh in S.T. No. 99 of 1982, State Vs. Satyadev and another, vide impugned judgement and order dated 30.07.1982.

(2.) Shorn of unnecessarily details, preceding prosecution allegations against the appellants as are discernible from written report, exhibit Ka-1, chik FIR Exhibit-K-7 and later on testified during trial by fact witnesses were that informant Roshan Singh was sleeping in his room at some distance from his house situate in village Dhak Nagla post Jawan, District- Aligarh, along with his grandson Sahab Singh and Trilokchand (P.W. 2) in the intervening night between 24/25 February, 1980, when in mid night between 1:00 a.m. to 1:30 a.m., 8-10 decoits raided their house and started committing decoity. Hearing shrieks of house inmates when informant and his grand sons rushed to the house they witnessed that co villager appellants accompanied with 8-10 other decoits were assaulting male and female inmate relatives and thereby caused gunshot injuries to informant's son Sardar Singh and blunt and sharp edged weapon injuries to Basdeo and Chironja. Grand son Chandra Pal also made retaliatory fire hitting one of the miscreants. Basdeo assaulted same decoit with chopper casing him head injury. That decoits shrieked and therefore his other associates lifted and carried him while fleeing from the spot in the darkness towards west. During this incident Sardar Singh, Basudev, Chandrapal, Chiraunja Devi, Bhu Devi, Savitri, Batti, Premwati and Bhagwan Devi were inside the house.Co-villagers Anokhe, Hoti Lal, Bhudev Prasad, Tikaram, Panna Lal(P.W.3) and Parsadi Lal, who all had arrived at the scene of decoity had witnessed the incident. Parsadi Lal had put fodder straw stake to fire which was stacked outside informant's house.Three gold necklace, a silver waist chain, three pairs of Taudiapav and a SBBL gun, B.E. 356/ 1978 was looted in the dacoity. Butt of the gun, two attires of decoits - one cap and other a waist cloth(Tahmad) remained at the scene. Besides named decoits others miscreant dacoits were recognized and identified in torch and straw fire lights and they could be identified if brought before by the witnesses.

(3.) With aforementioned allegations informant Roshan Singh got an FIR, Ext. Ka 1, scribed through Trilok Chand(P.W.2) and after, covering a distance of 6kms lodged it at police station Jawan District- Aligarh next day morning on 25.02.1980 at 8:50 a.m. as Cr. No. 50/80 u/s 395, 397 IPC., on which basis H.M. Jagat Singh had drawn chick FIR, Ext ka-7 and GD entry Ext Ka-8.