NATHOO Vs. STATE

JUDGEMENT

(1.) AN armed dacoity was committed at the house of the complainant Dhanpat Prasad PW-5 in between the night of 29/30th June, 1978 in village Taraon, P. S. Baberu, District Banda in which his father Kedar Nath was burnt and later on died. The report was lodged by Dhanpat Prasad on 30-6-1978 at 10 a. m. The distance of the police station from the place of occurrence was 8 miles. In all, six persons were named as the participants of the said dacoity, but only three, namely, Ram Autar, Bachha and Nathoo were put on trial. Out of them, Ram Autar was acquitted being given the benefit of doubt and the present two appellants were convicted under Section 396 IPC and sentenced to life imprisonment.

(2.) THE case was that the complainant had a Chakki (flour Mill) in the village aforesaid, by the side of which he had a Chakkighar. In a room thereof, Kedar deceased, Laxmi and Santosh Kumar were sleeping. At about mid-night, 8-9 bandits reached the courtyard by scaling the wall of Chakkighar. A lantern was glowing. From the courtyard the bandits entered the room and the house. THEy started searching the property and valuables and also enquired for the same from them. Two of the bandits caught hold of Kedar and assaulted him asking for the details of the money and valuables. Kedar told them that he had Rs. 1,100 in the pocket of his Kurta. THE bandits took out that money and then sprinkled kerosene on Kedar setting him a fire. He was threatened and asked about the other valuables. THE complainant Dhanpat Prasad got an opportunity and ran out of the Kotha, raising alarm on which Chedia, Ram Gulam, Budhua and Deviya rushed and challenged the dacoits. When the village people built pressure, the bandits ran away towards west, taking with them Rs. 1,100 and a tin containing 10 Kgs. of Ghee. THEy were seen in the light of the torches and glowing lantern.

(3.) HE was referred to District Hospital, Banda for admission and treatment. HE, however, died on 1-7- 1978 at 7. 35 a. m. and post- mortem over his dead-body was conducted on 1-7-1978 at 4. 45 p. m.