RAM SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 27th February 69 passed by Temporary Civil and Sessions Judge Bulandshahar convicting Ram Singh appellant of the offence u/S. 396 IPC and sentencing him to ten years RI. The prosecution case shortly stated was as follows:

(2.) A report about the incident was lodged at PS Bisrikh on 5 -4 -68 at 6.30 A.M. A distance of six miles intervened between the place of occurrence and the Police Station.

(3.) Sri O.P. Tyagi PW 10, who was then S.O. Police Station Bisrikh took over investigation of the case immediately after the report was lodged. He reached village Ganjha near about 8 A.M. and found the dead bodies of the two dacoits lying inside the house of Dalpat. Having prepared inquest report and other relevant papers he sent the dead bodies for postmortem examination. Dr. B.N. Tondon PW 11 conducted postmortem examination on the dead bodies of the two deceased dacoits namely Khazan and Budha. The Doctor found several injuries on the person of the two dacoits which included lacerated wounds, contusions besides one gunshot wound on the person of Khazan and two gunshot wounds on the person of Budha.