RAM VILASH @ PAUWA Vs. STATE OF UP

JUDGEMENT

(1.) In all the aforesaid appeals, the appellants have challenged the judgment and order dated 17.9.2009 passed by Addl. Sessions Judge (FTC-2), Kannauj in S.T. No. 13 of 1996, whereby each of them had been convicted for the offence punishable u/s 396 IPC and sentenced to imprisonment for life and fine of Rs. 10,000/- each.

(2.) Facts germane to the appeals are that on 15.4.1996 at about 2.30 a.m. Ram Babu s/o Sia Ram Verma, resident of village Khadini P.S. Saurikh District Farrukhabad submitted a written report stating that in the night he was sleeping along with his children on the roof of his house. His younger brothers Shyam Babu @ Chhotey and Rakesh @ Pampal with their wives were sleeping on the roof of the adjoining rooms while parents were sleeping in separate room. All of a sudden 10-12 miscreants climbed over the roof through ladder, tied his hands and brought them down through stairs. On their demand out of fear he handed over key of almirah to them. While they were taking out valuables from almirah his brother Shyam Babu and his wife Rani Devi protested but their were beaten by them with khanta. Pointed khanta was wielded on Rani Devi who died on the spot. Rakesh @ Pampal with wife Suman Devi on hearing noise arrived there and they were also beaten with iron rods. There was electric light in the house and they all recognised the miscreants as Pratap s/o Kali Charan, Ram Vilas @ Pauwa s/o Ram Charan, Mohar singh s/o Mauji Lal, Prakash s/o Soney Lal, Subhas s/o Chhotey, and Itwari s/o Gutai Kanjar, all residents of Nagaria Mahadev P.S. Saurikh and Dinesh s/o Lallu r/o Nikwa Talgram P.S. Talgram District Farrukhabad as all of them used to visit the jewellery shop of complainant for purchasing ornaments etc. and can recognize their associates. The miscreants making fires went away along with the robbed silver ornaments weighing 10 Kgs, 5 gold rings, 4 gold chains, other gold ornaments and cash of Rs. 14,500/-. It was further mentioned that the list of looted articles would be produced after his brother Shyam Babu regained consciousness. Along with injured Shyam Babu, Rakesh @ Pampal and his wife Suman Devi, the complainant went at police station and submitted written report scribed by Shivbhan Singh s/o Sahab Singh r/o village Gyaspur P.S. Saurikh District Farrukhabad. On the basis of the written report case u/s 396 IPC at crime no. 114/1996 was registered at the police station, investigation whereof was taken over by S.O. Vijay Singh. Injured Rakesh, Suman Devi and Chhotey were sent for medical examination by the police to PHC, Saurikh where they were examined by Dr. V. K. Gupta from 3 a.m. onwards. Dr. Gupta found following injuries on the person of injured:

(3.) After taking cognizance, the Magistrate committed the case to the Court of Sessions. The Addl. Sessions Judge on 26.9.1996 framed charge u/s 396/412 IPC against accused Pratap, Ram Vilas, Mohar Singh, Prakash, Subhash, Itwari and Dinesh. Accused Bakhedi, Panna and Munna were also charged for the offence u/s 412 IPC. All the accused persons abjured the guilt and claimed trial.