PREM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 3/8/1983 passed by Special Judge, Badaun in Sessions Trial No. 318 of 1981 thereby, convicting the appellants under Ss. 396 I.P.C. and sentencing them to imprisonment for life. The appeal was filed by seven persons, namely, Prem, Mohar Singh, Ramesh, Banwari, Bhagwan Singh, Rajendra and Rajpal. Out of them, appellant no.1 (Prem); appellant no.3 (Ramesh); and appellant no.4 (Banwari) have died and their appeal was abated by order dtd. 20/11/2015. Therefore, this appeal survives for appellant no.2 (Mohar Singh son of Nathu); appellant no.5 (Bhagwan Singh son of Happu); appellant no.6 (Rajendra son of Happu); and appellant no.7 (Rajpal son of Khannu).

(2.) On an oral report made by Ganga Sahai (PW-1), a first information report (FIR) (Exb. Ka-1) was registered on 16/5/1980, at 22:00 hours, as Case Crime No. 96 of 1980, under Sec. 395/397 I.P.C, at P.S. Sahaswan, district Budaun, against twelve persons out of whom, eight persons, namely, Gajram (not put to trial as he had died), Prem(appellant no.1 - died during appeal), Mohar Singh (appellant no.2), Ramesh (appellant no.3 - died during appeal), Banwari (appellant no.4 - died during appeal), all sons of Nathu; Bhagwan Singh (appellant no.5), Rajendra (appellant no.6), both sons of Happu; and Rajpal (appellant no.7), son of Khannu, were named. In the FIR it is alleged that at about 9 pm while informant's brother Ram Singh (the deceased) and informant's nephew Ranbir Singh (PW-4), son of the deceased Ram Singh, were at their shop, the informant heard their shrieks. In response, the informant and his brother Dhan Singh (PW-2) and others picked up lathi, torches and went to the spot. Where they saw, informant's brother - Ram Singh and informant's nephew - Ranbir Singh being assaulted by 10-12 persons, who had guns, pistol, Ballam. When the informant party challenged them, one of the miscreants assaulted Ranbir Singh with Ballam and, a fellow villager, namely, Gajram son of Khayali, shot Ram Singh and aimed at the informant party, which terrified the informant party and they retreated to the safety of their homes and from there they started pelting brickbats, etc. upon the miscreants. But the miscreants (i.e. dacoits) kept looting articles. In the meantime, informant's wife set haystack on fire, which lit the area. After looting the house of the informant, the dacoits went to the house of Nem Chand son of Lakhan (not examined), and as soon as Kalyan son of Lakhan (not examined) opened the door, a shot was fired at him by a dacoit and the pellets of that shot struck Kalyan's wife Champa Devi (not examined). Thereafter, the dacoits went to the house of Saudan Singh (not examined), Hari Ram (PW-5), Naresh Pal (not examined) and Baburam (not examined) and looted articles. It is alleged that the dacoits took away mare of Hari Ram (PW-5). After looting the articles, the dacoits went away towards west. After alleging as above, it was stated that amongst 12 persons who committed dacoity, the informant party, in the light of torches, etc., could identify 8 fellow villagers, namely, Gajram, Prem, Mohar Singh, Ramesh, Banwari, Bhagwan Singh, Rajendra and Rajpal. Having made the allegations as above, it was also alleged that the accused Bhagwan Singh had falsely implicated the informant in the murder of Bhure and Happu; in respect of which, a case is pending. It was alleged that because of that case, the present set of named accused were inimical to the informant. It was also alleged that out of 10-12 dacoits, Gajram and 2 or 3 others were wearing Khakhi coloured clothes whereas, the rest were normally dressed. The FIR also gave details of the articles looted.

(3.) On a Chhitthi Majroobi (letter for medical examination of the injured), dtd. 16/5/1980, Ranbir Singh (PW-4) was medically examined for his injuries on 17/5/1980, at 1 am, at PHC - Sahaswan. The injury report (Exb. Ka-5), the genuineness of which was admitted, reveals following injuries:-