RAGHUBIR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 28th March, 1978 passed by Sri J.C. Gupta V Addl. Sessions Judge Etah in Session Trial No. 158 of 1977 whereby the appellants have been convicted for the offence punishable under Section 396 I.P.C. and each of them has been sentenced to undergo for life imprisonment.

(2.) THE case of the prosecution, in brief, has been that in the night between 26th/27th February, 1976 about 12 unkown persons committed dacoity at the house of Ambika Prasad situate in village Kamraua, within the circle of police station Soron, district Etah and that during the course of dacoity, the bandits in order to take the key of the safe caused injuries to Ambika Prasad (P.W. 1), his wife Smt. Indira and Smt. Asharfi Devi (aunt of Ambika Prasad). It is alleged that Khyali Ram (P.W. 10) the brother of Ambika, Prasad, was hurt by fire arm short of the dacoits when he was escaping out of his house. It is alleged that at the alarm raised by Khyali Ram, several persons of the village came there and Aram Singh, Hira Lal and Mohan Lal fired shots from their ' licensed guns to scare away the dacoits but the dacoits fired about 25-30 round of shot and one of the shot hit Narayan Lal and he died at the spot near the Neem tree. The pellets of the fire arm shot had also hit Mahendra, Nanhoo, Shedil Singh, Aram Singh and Ali Mohammad. It is alleged that the dacoits could not break open the lock of the safe and as such they carried it away to some distance but took to their heels leaving it behind because of the pressure of the people of the village. According to the prosecution a lantern was burning inside of Kotha of Ambika Prasad and that the dacoits were also flashing their torches and that sufficient light was created by the fire put to that ches of Ali Mohammad, Ram Singh etc.

(3.) SUBSEQUENT to his transfer Sri Sushil Kumar Singh S.I. (P.W. 6) took up the investi­gation of the case in his hand and claimed to have arrested Raghubir Singh and Banarasi on 26th April, 1976 as they were found in possession of illicit arms. They were made Baparda at the spot because, on their interrogation, the Sub Inspector came to know of their complicity in this crime also. Sri Sushil Kumar Singh claimed to have arres­ted at 4.00 a.m. on 27th April, 1976 five persons and out of them Sohan, Bid and Jabar Singh were made accused in this case.