GOREY LAL Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal by the two appellants Gorey Lal and Narain Joo are to their conviction u/S 394 and 304/34 I.P.C., and implanted sentence of ten years R.I. for each of the two offences recorded by Session's Judge, Lalitpur in S.T. No.63 of 1981, State Vs. Gorey & others vide impugned judgement and order dated 26.8.1981.Both the sentences were directed to run concurrently, by the trial Judge. Third accused Govind Singh, who was also tried along with the appellants, was acquitted by the impugned judgement. Hence, this appeal by two convicted accused.

(2.) STATED briefly, prosecution allegations against the appellants, as was sketched in the written report, Exhibit Ka-8, dictated by informant Gore Lal P.W.4, and scribed by Deep Chandra, were that in mid night between 22nd /23rd January,1981, a robbery was committed in the house of informant by three or four robbers, where informant's wife Smt. Nanhi Bahu P.W.6 and his two daughters Smt. Parwati P.W.5 and Smt. Bhana (deceased) were sleeping. Robbers belaboured these ladies and forcible took off their ornaments- silver anklets (Pajeb), and silver bangles. While, her silver anklets (Pajeb) of another leg was being taken off, Smt. Bhana raised hue and cry, and consequently one of the miscreants gave her a spade blow, causing an incised wound on her head. The incident was witnessed in the light of lantern burning at the place of the incident and house inmates could identify culprits. F.I.R., Ext. Ka 5, about the incident, was scribed by Deep Chandra at the dictation of the informant Gore Lal P.W.4, who then covered a distance of four kms to PS Mehroni, district Lalitpur, where following morning at 10.20 a.m. he lodged it against unnamed accused as crime no. 13/81 , u/s 394 IPC.

(3.) SESSION's Judge Lalitpur, vide impugned judgement and order, held that as against accused Govind Singh there was no credible evidence about his participation in the crime and also because of single identification against him, his guilt was not established satisfactorily, and consequently, acquitted him of both the charges. For the two appellants, it however, arrived at the conclusion that their guilt was anointed beyond doubt and in their respect prosecution story was credible, confidence inspiring and witnesses had deposed assuring statements and hence it convicted both the appellants for both the offences u/s 394 and 304 IPC and sentenced them to ten years RI for each of those offences, which conviction and sentence is under challenge in the instant appeal.