LAKHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 4.7.1979 passed by Sri J.N. Bansal, the then 1st Additional Sessions Judge, Bulandshahr convicting the accused-appellant under sections 395/397 and in the alternative under sections 395/396 I.P.C. awarding a sentence for ten years Rigorous Imprisonment thereunder and one year's Rigorous Imprisonment under section 28 Arms Act in Session Trials No. 70 and 71 of 1979 respectively.

(2.) The prosecution case briefly stated is that five dacoits including the accused-appellant Lakhan Singh committed dacoity in the night intervening 2nd and 3rd November, 1978 at the house of the complainant Mahendra Prakash resident of village Ram Biloni alias Qila, police station Narora, District Bulandshahr. The dacoits looted the ornaments etc., took away the licensed gun of the complainant and caused injuries to the complainant and his wife in the course of dacoity. The complainant and his wife along with their children raised alarm, hearing which Ram Kumar, Har Swarup and certain others reached his house. They threw challenge and chased the accused. Marpeet took place between the dacoits and the village people including Ram Kumar, Har Swarup and Suresh at a distance from his house after the dacoits had come out of his house. Ram Kumar Suresh and Har Swarup also received injuries in the course of the Marpeet. The accused-appellant was caught on the spot. A country made pistol and a cartridge were snatched away from one of the dacoits. A licensed gun of the complainant was also snatched away from another dacoit in the course of the Marpeet. Mahendra Prakash made as oral report at the police station. A case was consequently registered. The investigating ensued. After the completion of the investigation into the case, a chargesheet was submitted against the accused appellant under sections 395/397 I.P.C. and under section 25 of the Arms Act and in another case, which was subsequently consolidated with this case.

(3.) The prosecution examined the complainant Mahendra Prakash P.W.l, Han Shanker P.W. 2, Bhanwar Singh P.W. 3, Har Swarup P.W.4, Dr. S.C. Singh P.W. 5, S.I. Magloo Singh P.W. 6 and Station Officer Ram Prakash Dakhshi P.W. 7 and relied upon certain documents in support of its case.