BACHAU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal was preferred by appellants Bachau and Kangal against their conviction under Section 396, I.P.C. and consequent sentence of life imprisonment.

(2.) The brief facts of the case are that on the night intervening 27/ 28/06/1979 a dacoity was committed in the house of Munni Lal by a large number of miscreants. The presence of these two appellants was also alleged in the incident. One of the apellants Bachau was armed with a gun and other appellant Kangal was stacking the looted articles in front of the main door. They entered the house of the informant by jumping the tiled roof and opened his main door thereafter facilitating the entry of their companions. A lantern was allegedly burning inside the house. Munni Lal, the informant was sleeping outside his house. He was not touched by any of the miscreants who were present outside his gate. Munni Lal ran away from the spot and raised alarm. It attracted to the scene of occurrence Rajai, Shyam Dev, Namwar, Jagai, Surju, Jagdhari, Durgawati, Arjun and Dalsingar. Murahu set afire pual which was stacked near the house at a distance of 25 paces. It allegedly created sufficient light for the identification of the miscreants. Three persons amongst the witnesses Ram Briksha, Nandu and Munna possessed torches. They were flashing their torches also upon dacoits. Identification dacoits was made by the witnesses in the light of lantern, torches and the light of burning pual. The dacoits were wholly unknown to the witnesses. The villagers who collected at the spot pelted stones and brickbated the dacoits in retaliation. The msicreants resorted to firing. As a consequence Rajai, Shyam Dev, Surju, Namwar, Arjun, Sudhar, Jagdhari and Smt. Durgwati sustained injuries. Out of them Shyam Dev and Rajai breathed their last within a short time. The dacoits decamped with the booty. One of the dacoits in the process of fleeing fell down to the ground. He was taken into custody, tied with a rope and the villagers beat him mercilessly. As a consequence he breathed his last in the village itself. Report of the occurrence was lodged by Munni Lal, P.W. 3 at Police Station Balua on the night of 28-6-1979 at 3.0 A.M. It is ext. Ka.2. After registration of the case by Head Moharir P.W. 10 Ram Nagina Yadav, investigation was entrusted to Ram Lachan Yadav, P.W. 14. He arrived at the scene of the occurrence at 3.10 A.M. and took into his custody the burnt ash of the pual and torches of the witnesses. He prepared their recovery memos. He also completed the inquest memos on the body of three dead persons, two villagers and one dacoit. Their bodies were sent for the post-mortem examination. He also sent the injured persons for their medical examination. These injured persons were medically examined by P.W. 11, Dr. R. A. Pradhan at 8.10 A.M. on 28-6-79 at the village dispensary. The post-mortem evidence was tendered. In this case the Medical Officer was not examined.

(3.) During the pendency of this appeal, appeal of Bachau was abated by us on 3-7-2002 on the confirmation of his demise.