JAGGU Vs. STATE OF UP

JUDGEMENT

(1.) The appellant Jaggu has preferred this appeal from Jail against the judgment and order dated 3 1.3.1981, passed by Sri S.R. Sagar, the then IVth, Additional Sessions Judge, Pilibhit, whereby he has been convicted under sections 399 and 402 I.P.C. and sentenced to seven years and five years R.I. respectively, with a direction to run both the sentences concurrently.

(2.) The prosecution case, in brief, is that Rajendra Singh along with Jagdev Singh, Munendra Singh, Munney Singh, Ram Bhahorey Lal and Babu Singh were returning to his village Sabalpur from Puranpur. When they reached near the Junior High School at about 7.00 P.M. on 23.10.1979, they heard some murmuring in one of the rooms of the Junior High School. They suspected the presence of some persons inside the room. They tried to hear them and heard one of the persons, inside the room, saying that it was complete darkness and the informer had not returned hence the trucks on the Assam Road should be looted. He was also saying that number of persons, arms and ammunitions were sufficient for that purpose. After the dacoity on the road, they will think of the house of Sarnam Singh. Meanwhile, all of them stood up. The informant Rajendra Singh and other persons believing that the persons inside the room of the Junior High School near the village were miscreants and they were to loot the trucks on road, the witnesses flashed torches and challenged them for their arrest. One of the dacoits fired a shot but the witnesses could not sustain any injury. Meanwhile, Babu Singh one of the witnesses, who was armed with his licensed gun, fired a shot. On hearing the noise of the complainant and his colleagues, Hon Lal Chaukidar and Asghar andvarious persons rushed towards the place of occurrence. One of the dacoits again fired a shot which hit Hon Lal Chaukidar and Asghar, of the complainant;s village, and Bhola Nath, Ayodhia Nath and Neel Kanth of Mohanpur. They sustained injuries. After giving some necessary beating to one of the dacoits, namely Jaggu appellant he was arrested at the spot and others succeeded in making good their escape. From the possession of the appellant, one country made pistol and 3 live cartridges were recovered. He also disclosed the names of certain other persons as his companions who succeeded in making good their escape. After the arrest, village people in the company of Rajendra Singh, took the arrested person to the police station where he was handed over along with the bag containing the country made pistol and three live cartridges to the police of police station of Puranpur which scribed the report of Rajendra Singh informant. After lodging the report, the accused appellant was taken into custody and recovery memo was prepared at the police station which is Ext. Ka 2. The injuries of Balak Ram, Lok Nath, Neel Kanth, Asghar, Hori, Bhola Nath, Ayodhiya Nath and the injuries of accused Jaggu were examined by Dr. Arun Prakash Dixit P.W. 4. Chandra Mani, SubInspector was entrusted with the investigation who recorded the statements of the witnesses, prepared the recovery memo and site plan and after completion of the investigation submitted the charge sheet against the accused persons including the appellant. However, the two persons, namely; Hon Lal and Chootey Bux were also charge sheeted on the basis of the evidence of identification.

(3.) The accused appellant pleaded not guilty and claimed to be tried. In his statement under section 313, Cr.P.C., the appellant stated that he was working on the floor mill of one Brij Nandan where the witness Rajendra Singh had come to get ground his wheat forcibly to which the appellant had refused and due to that enmity he has been falsely implicated in the present case.