RAKESH Vs. STATE

JUDGEMENT

(1.) Heard Sri Amrish Sahai learned Advocate for the appellant and Sri Patanjali Mishra learned A.G.A for the State.

(2.) This appeal is directed against the judgment and order dtd. 6/2/1984 passed by the Second Additional Sessions Judge, Fatehpur in Sessions Trial no.145 of 1993 arising out of Case Crime no.139 of 1982 under Sec. 396 IPC, P.S- Malwan, District-Fatehpur whereby sole appellant Rakesh has been convicted for the offence punishable under Sec. 396 IPC and sentenced to undergo imprisonment for life.

(3.) The first report of the incident was given in writing by P.W-1-Naresh Chandra s/o Jagdish Chandra, a driver of the truck no.3901 URQ. The averments in the said report are that the first informant was driver of the aforesaid truck and on 14/10/1982, at about 2.00 a.m., while they were going to Bhogaon from Varanasi, three persons namely Suresh Chandra s/o Matadeen (second Driver) Shyam Singh s/o Puselal (Cleaner) and one Ram Sewak Dubey were sitting in his truck. At about 2.00 a.m., when they reached near the village Allipur in a convoy, about 3 kms away from the said village, the road was blocked by placing branches of Babool tree across the road. Seeing that, the first informant slowed down his vehicle (truck) and at that time, 8-10 miscreants armed with weapons gheraoed his vehicle pointing out Tamancha and Gun. The miscreants started looting money and then one of them fired which hit deceased Ram Sewak Dubey who died in the vehicle itself. The cleaner Shyam Singh got injuries in his right leg. The police personnel on convoy duty present in the vehicle behind namely Truck no.UTM 2400 also fired. The miscreants looted Rs.3800.00 from the first informant and the persons sitting in the truck. It is stated in the written report that this incident was witnessed by the drivers of the vehicle No.UTM2400, Bhagwan Singh s/o Bhupal Singh and Lalaram s/o Ulfat Singh as also the driver of vehicle no.8030HRU namely Laxman Singh s/o Chatur Singh as well as others present on the spot. It was stated in the written report that they all had seen and identified the assailants in the light of the trucks and they could identify the miscreants if they were brought before them. The body of the deceased Ram Sewak and the injured Shyam Singh (cleaner) were taken to the police station. The Check report and the GD entry of the report were proved by P.W-6 being in his writing and signature as Exhibit Ka-4 and 5. It was stated by P.W-6 that the written report was given by the first informant Naresh Chandra at about 2.30 a.m on 13/14/10/1982 who came along with the driver Suresh Chandra and injured cleaner Shyam Singh and also brought the dead body of Ram Sewak. Two constables Ramdeo Singh and Vinay Kumar who were on convoy duty came along with them.