RAM SINGH Vs. STATE

JUDGEMENT

(1.) The three connected appeals arise out of Judgment dated 05.04.1983, passed by learned Special Judge, Mainpuri in Special Trial No. 69 of 1982, by which the appellants, namely, Tulsi Ram, Sipahi Lal alias Sipahi Ram alias Chandrabhan and Prahlad were held guilty of committing offence under Section 396, IPC. Appellant Ram Singh was tried in Special Trial No. 114 of 1982 by the same learned Court for a charge under Section 412, IPC and was also held guilty of committing the said offence by the same Judgment. The four appellants were heard under 235, Cr.P.C., on 06.04.1983 and appellants Tulsi Ram, Sipahi Lal alias Sipahi Ram alias Chandrabhan (to be referred as Sipahi Lal) and Prahlad, were directed to suffer rigorous imprisonment for life for their individual convictions under Section 396, IPC. Appellant Ram Singh was sentenced to rigorous imprisonment for 10 years for his conviction under Section 412, IPC. The three appeals have been heard together and they are being disposed of by the present common judgment.

(2.) A dacoity was committed in the house of Subedar Singh (PW 1), Ram Bharosey (PW 2), Sukhbasi (CW 2) and Bansidhar (not examined) in the night intervening 18/19.01.1982 at around 12 p.m., when 12-13 dacoits armed variously knocked at the door of the informant and asked him to open the door. PW1 was not inclined to open the door. The dacoits threatened to demolish the door, PW 1 being frightened on that, unbolted the door, as a result of which, the criminals entered inside his house and started beating him. His wife and his distantly related mother-in-law were sleeping on the verandah of the house, while other male family members, like, Ram Bharosey (PW 2) and Bansidhar (not examined) were sleeping in their respective cattle sheds. On account of being frightened, the wife of the informant started raising nulla, as a result of which, the dacoits started firing shots in the blank. One of the dacoits went up stairs on the roof top and others started plundering the house and removing the valuables, like, ornaments, clothes, utensils, etc. The dacoits plundered the house of CW 2 Sukhbasi and also took away his licensed gun. In retaliation to the firing resorted to by the criminals, some of the neighbours of the informant, like, Vijay Singh, Sipahi Lal Jata and others also fired shots, which was again retaliated by the criminals, as a result of which, two ladies, namely, Sushila Devi W/o. Vijay Singh and her daughter Smt. Siya Devi, as also chaukidar Gyani received gun shots injuries. When Smt. Saraswati and the daughter of Banshidhar attempted to run away from the house, they were also fired at and were badly injured. Smt. Premwati W/o. Balwant was fired at and killed at the roof top of her house.

(3.) On account of sound of gun shots, the informant, his family members and other victims of the offence and also the villagers who had been named in the FIR, also converged on the place of occurrence by flashing torches. Chaukidar Gyani set the hay-stack at fire, as a result of which, the dacoits retreated to the west of the village along with the booty plundered from different houses. The informant along with injured persons started for the police station but Saraswati died on way to the police station.