BABU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) APPELLANTS Babu, (Ram Charan, Nanhu Singh and Harpal Singh have filed this appeal against their conviction under Sec. 395 IPC and the sentence of rigorous imprisonment for five years. Ram Charan has also filed Cr. A. No. 2798 of 1976.

(2.) ACCORDING to the prosecution allegations on the night between 19th and 20th September 1974 Radhey Shyam complainant was sleeping in his shop along with his mother in village Bairani with in the Police Circle of Bilari. In the room of the upper storey his brother Jagdish was sleeping. His son Kali Charan and his wife Smt.Chandramukhi were sleeping in the Sehan. His son Jaipal and his wife were also sleeping in the room on the upper storey. A gas lantern was also lighted there. In the same premises were the flour mill and the expeller. At about midnight six bad characters scaled over the wall of the flour mill. They caught hold of the complainant's servant Marroo. He was beaten and was asked about the whereabouts of the gun of the complainant. On the alarm raised by him the complainant Radhey Shyam tried to break open the lock of his Kothari and enter it in order to take out the gun. He was fired at by one of the dacoits. He, however, succeeded in entering into the room and in chaining it from inside. His mother Smt.Kalawati succeeded in running out of the house who raised an alarm in the village. His brother Jagdish jumped on the roof to escape but he was also caught hold of by the dacoits. They were enquiring from him about the gun. The inmates of the house who had torches with them were flashing, at the dacoits. The complainant Radhey Shyam also fired a shot at the dacoits through the crevices in the door leaves as a result of which one of the dacoits was lit and he rolled down stairs and fell in the Angan. Jagdish who was caught hold of by the dacoits, made entreaties with his brother to open the door. The dacoits, however, left the scene of occurrence with considerable gold ornaments, silver and wrist watches. The dacoits were armed with fire arms, lathi and Dandas. While leaving the place they also left the butt of the gun bearing No. 74324. Radhey Shyam lodged the first information report of the occurrence at Police Station Bilari on 20-9-1974 at 9.30 A.M. Police Station Bilari is at a distance of about nine miles from the scene of occurrence.

(3.) APPELLANT Babu denied the recovery of the stolen property from his possession. He claimed that after his arrest he was not kept Bapurdah. He also denied having committed the dacoity. All the other appellants denied having committed the dacoity in question. They claimed that they were not kept Bapurdah and also they were shown to the witnesses.