GYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal by quadruple of appellants, including a pair of real sibling brothers, namely Gyan Singh s/o Naubat Ram, Deen Dayal, Ram Babu both Ss/o Ram Sahai and Suresh Chandra are to their convictions U/Ss 148, 395 & 364 I.P.C. recorded by Special Judge, Scheduled Offences, Mainpuri in S.T. No. 455 of 1980, State Vs. Thakur Das & Others, and imposed sentences of two years R.I. on the first count, eight years R.I. on the second count and ten years R.I. on the last count, by it's impugned judgement and order dated 3.5.1982.

(2.) Briefly stated, prosecution allegations against the appellants, as are culled out from written F.I.R. Ext. Ka-1, chik F.I.R. Ext. Ka- 9 and depositions of fact witnesses P.W. 1 Chandra Pal and P.W. 2 Ajab Singh were that the informant and accused were collaterals. Their ancestor Kallu resident of village Devri-Faridpur, P.S. Jasrana, District Mainpuri had four sons Tota Ram, Amar Singh, Ganga Deen and Keval. Accused Thakur Das is the son of Tota Ram. Badlu and his sister were issues of Amar Singh, but it seems that Badlu had died very young. Tek Chand and accused Naubat Ram were sons of Ganga Din and informant Chandra Pal (P.W.1), Ajab Singh (P.W.2) and Vijay Pal (deceased) were sons of Keval. Accused Gyan Singh and Suresh were sons of Naubat Ram. Accused Deen Dayal, is the son-in-law of Naubat Ram and appellant Ram Babu is his real brother.

(3.) In the intervening night between 25/26.3.1980, P.W.1 and deceased were sleeping in their drawing room on the same cot, their father was sleeping on the roof, whereas their mother, informant's wife, P.W.2 and Kayam Singh were sleeping in the house, when at about 2.30 a.m. six named miscreants/dacoits Naubat, Thakur Das, Suresh, Gyan Singh, Deen Dayal, and Ram Babu entered into their house from a window and pressed informant and his brother Vijay Pal on the cot. Thakur Das and Suresh were armed with country made pistols, Ram Babu, Gyan Singh, Deen Dayal had guns, and Naubat was armed with Lathi. Accused Suresh Chandra picked up the gun and the cartridge lying on the cot. Informant P.W.1 anyhow managed to get freed and with alacrity jumped out of the window and escaped outside. Albeit he was fired upon but providentially did not sustain any gunshot injury. Shrieks of P.W.1 attracted his father Keval and other villagers towards scene of decoity flashing their torches. Decoits, then abducted Vijay Pal along with the gun and retreated from informant's house into darkness. This incident was witnessed by P.W.1, P.W.2 and other eye witnesses in the flickering of lantern (debari) light and flashes of torches.