JAGANNATH JAIRAM Vs. STATE O

JUDGEMENT

(1.) S. K. Agarwal, J. Both these appeals were filed by Jagannath, Jairam and Nanka against their conviction under section 396 IPC and consequent sentence of R. I. for life, passed by the VI Additional Sessions Judge, Fatehpur, vide his order dated 28. 4. 1981 in ST. No. 149 of 1979.

(2.) THE brief facts giving rise to the occurrence are that on the night intervening 26/27. 10. 1978 dacoity was committed in the houses of Mahadeo Singh, Ram Asrey Singh and Deshraj Singh. Initially 4-5 dacoits jumped into the Aangan (inside courtyard) of Mahadeo's house by scaling its rear wall. Mahadeo Singh at that time was sleeping in the inner verandah where other family members including females were also asleep. His brother Sahadeo Singh was sleeping outside the house under open sky, in front of his main door, which was bolted from inside. 6-7 dacoits surrounded him. THEy started belabouring him with Lathis. THE alarm raised by Sahadeo Singh and also the thud sound created by jumps of the miscreants in the Aangan awakened Mahadeo Singh. He opened the main door and stealthily swept past the dacoits, who at the time were belabouring Sahadeo Singh in front of his house. He came to the house of Deshraj situate at a distance of 40-50 hands. Some Puaal was lying near the house of Deshraj. He set it afire in the meantime. Mahadeo concealed himself behind the wall of the house of Ram Asrey. He witnessed the entire incident from there. THE alarm raised by him from here attracted Dharamraj Singh, Deshraj Singh, Ram Asrey Singh, Sheo Kumar Singh, Budhraj Singh, Raj Bahadur Singh, Malhkan Singh and many other villagers to the spot of occurrence. THEse villagers, while rushing to the spot, were also flashing their torches. THE dacoits in the meantime continued loot (plunder) in the house of' Mahadeo. THEreafter, they looted the houses of Ram Asrey Singh and Deshraj Singh.

(3.) THE post-mortem examination on the dead body of Sahadeo was conducted by PW 5 Dr. Som Sharma on 28. 10. 1978 at 11. 00 A. M. at the District Hospital, Fatehpur. THE post-mortem examination report is Ext. Ka-10. 26 pellets were recovered from the right lung, 20 pellets from the left lung and 14 pellets from the heart of deceased Sahadeo. A wadding piece was also recovered by the Medical Officer.