YAD RAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal by the four appellants Yad Ram A-1, Chhida A-2, Ram Swaroop A-3 and Tunda A-4 are to their conviction under Section 395/397 IPC recorded by IIIrd Additional Session's Judge, Mathura in S.T. No.7 of1976, State Vs. Yad Ram and others connected with S.T. No.395 of 1976, State Vs. Tunda, both relating to P.S. Chhata, district Mathura vide impugned judgement and order dated 24.5.80 and imposed sentence of 8 years R.I. for both the offences.

(2.) PROSECUTION allegations against the appellants,as was dictated orally by informant P.W.1 Jagdish, at P.S. Chhata, district Mathura, on 21.1.74, which was scribed by Head Constable Prem Pal Singh P.W.3, were that P.W.1 was a resident of village Vidawali, P.S. Chhata, district Mathura. On the intervening night between 20/21.1.74 at about mid night, 7 or 8 dacoits raided his house and trespassed into it from the front door, which was unlached. Shrieks of house inmates and informant's wife awakened co villagers. Some of the dacoits started committing dacoity in informant's house whereas others entered into the house of co-villagers Sanwalia and started committing dacoity. Hue and cry by house inmates had attracted co-villagers Balu S/o Chanda Gadaria, Tejpal, Bhoji @ Bhajan Lal sons of Malkhan, Kamal Singh s/o Patola, Mahendra s/o Ratan Singh, Babu s/o Munshi and Ram Singh s/o Dhani Ram at the spot armed with lathis and they all challenged the dacoits, who then resorted to firing causing injuries to the villagers. P.W.1 meanwhile, set ablaze heaps of thatch, which was kept in his precinct, as a result of which flames sufficient for identifying dacoits lighted the scene. Sanwalia's flashing of torch also facilitated identification of the dacoits. Women inmates of the house, informant's wife Smt. Bataso, Jaldevi daughter of Sanwalia, Angoori his daughter-in-law were belaboured during the dacoity as a result of which they sustained injuries. Two of the miscreants were armed with country made pistols whereas, one each was armed with a gun and an axe, while rest of the them had lathis. Two of the dacoits were having a thin lanky physic and rest of them were of average built and heights and some of them had long hair. One of the miscreants of average height was having a dark coloured complexion. Dacoits were identified in the flame lights emitting from flames and flashes of torch light and could be identified by the witnesses if brought before them. Most of the dacoits were wearing soiled cloths, tahmads, dhotis and kurta etc. and none of them were speaking local dialect. When the villagers mounted pressure, dacoits fled away from the scene of the incident along with looted bounty. Injured persons were carried to the police station in a bullock-cart alongwith three empty cartridges, two metal caps, one loin wrapper (Tahmad), one muffler and a club(dunda), which were left behind by the dacoits while fleeing from the spot and were got deposited. In the aforesaid dacoity Rs.2336 cash, two silver bracelets, weighing one and a half kilogram, and 1/4 kgs of other silver ornaments along with some lady drappers were looted. On the dictation by P.W.1 Prem Pal Singh, Head Moharrir, P.W.3 scribed FIR Exhibit Ka-1, on the basis of which, he prepared GD entry Ext. Ka-3. Left over articles by the dacoits, material Ext.1 to Ka-5, were seized regarding which a seizure memo Ext. Ka-2 was also prepared by P.W.3.

(3.) SHOTS have been taken and sealed and sent to the police. All are simple injuries and are due to gun shot. Probable duration:-Fresh injuries. Exhibit Ka-27 Examined Jal Devi aged about (paper-torn) yrs. W/o Sri Narain Singh Rajpur Thakur, r/o vill. bidawali P.S. Chhata (Mathura) at 3 a.m. dt. 21.1.74. Brought by c/-238 Abdul Waheed of P.S. Chhata. M.I.:-Two mole on the centre of the forehead. Injuries: