SATYA PAL Vs. STATE OF U P

JUDGEMENT

(1.) The sole appellant Satya Pal is aggrieved by his conviction under sections 395, 397 I.P.C. and imposed sentence of seven years RI therefor recorded by IInd Additional Session's Judge, Rampur vide impugned judgment and order dated 27.6.81 passed in S.T. No. 405 of 1980, State Vs. Satya Pal. To complete chronology of conviction and sentence, it is recorded that two other co-accused Dharam Pal and Bhopali were acquitted of aforesaid charges by the impugned judgment while a fourth accused Rajjan was discharged at the stage of framing of charge itself by the learned trial Judge

(2.) According to the prosecution version, as was orally dictated at police station Kotwali, district Rampur by the informant Irshad Husain, on 29.7.80 at 2.05 A.M., which was recorded as crime no. 433 of 80, under sections 395, 397 I.P.C. where that in the intervening night between 28/29.7.80 at mid night, 12 A.M., ten or twelve dacoits committed dacoity in the informant's house when he along with his father Imdad Husain, brother Nabi Mohammad, Faiyyaz, brother-in-law Raees, informant's wife Khair-Un-Nisan and his mother were sleeping in his house. A lantern was lighting in his courtyard (Aagan). Dacoits were armed with guns, country made pistols and lathies. During commission of dacoity, Faiyyaz and Irshad Husain were shot at by the dacoits whereas Nabi Mohammad and Khair-Un-Nisan were belabored by lathies. Informant however made his escape good from the spot and raised hue and cry, which attracted co-villagers Chhotey, Shahid, Gulam Mohammad, Ali Bahadur and Ali Mohammad. Two or three gathered witnesses had torches with them. Shahid S/o Bhoorey meanwhile had put the thatch to fire to lighten up the incident place. Dacoits committed dacoity of ornaments and drapers of informant's house inmates and decomposed with said bounty. While escaping from the incident scene miscreants had also resorted to firing with loud abuses. In the available light, one of the dacoit, who had veiled his face by a towel was identified as Bhopali (acquitted accused) as his veiling towel attire had untied.

(3.) After commission of dacoity, informant Irshad Hussain had rushed to the Police station Kotwali and lodged FIR just after two hours at 2.05 am naming Bhopali, as one of the dacoits, with ten or twelve other dacoits.