SHIVA NATH SINGH Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern criminal appeals Nos. 2136, 2186 and 2287 of 1962. Criminal Appeal No. 2136 of 1962 is by Sheo Nath Singh who has been awarded the sentence of death, while criminal appeal No. 2287 of 1962 is by the other convicted persons, except one, namely, Gyan Singh, Jadunath Singh, Chotey, Mithoo Singh and Baboo Singh who have been awarded the sentence of imprisonment for life. Pratap Singh the other convicted accused, has filed a separate appeal No. 2186 of 1962. He has been awarded the life sentence. All the Appellants were convicted under Section 396 IPC for committing dacoity in the houses of Soney Lal, Piarey Lal and Jagannath (P. Ws. 1, 2 and 3, respectively) on the right of 11th March, 1962, at 11P.M. Ramesh son of Soney Lal died at the hands of the dacoits. There is also a reference by the Addl. Sessions Judge for the confirmation of the sentence of death awarded to Sheo Nath Singh.

(2.) ON the above night Sonoy Lal (P.W. 1), his son Ramesh, his uncle Raja Ram (P.W. 4), and two other relations were sleeping below the neem tree to the north of Soney Lal's house. The mother and wife of Soney Lal and also Soney Lal's brother's wife were sleeping inside their house. The houses of Piarey Lal and Jagannath lie to the west and Jagannath (P.W. 3) and his wife were sleeping outside their house while Piarey Lal (P.W. 2) and his wife outside theirs. These houses are situate in Jadeykapurwa, hamlet of village Ali Nagar, P.S. Saurik of distt. Farrukhabad. Soney Lal and others, who were sleeping below the neem tree woke up on hearing the shouts of the womenfolk. They then saw a dacoit standing at the main door of the house armed with a gun and another dacoit on the roof of the house. They on account of fear ran away but raised an alarm in the village abadi and thereafter collected by the side of Gur Dayal Singh's house or behind the wall of Gur Dayal Vaish. Jagannath and Piarey Lal found an opportunity and left their houses and eventually assembled behind the wall of Gur Dayal Vaish's house. Other villagers had also assembled at the two places and also behind the cattle trough, of Piarey Lal and Jagannath.

(3.) ALL the Appellants other than Mithoo Singh were named in the report as some of the dacoits, who were 12 or 15 in number, and had committed the dacoity. It was said that the villagers had recognised them at the spot. These persons are Sheo Nath Singh, Gyan Singh, Baboo Singh, Chotey, Jadunath Singh and Pratap Singh. The prosecution case is that Sheo Nath Singh, Pratap Singh and Jadunath Singh were armed with gun, Chhotey and Baboo Singh with pistols and the rest two, namely, Gyan Singh and Mithoo Singh, with lathis.