HANIF Vs. STATE

JUDGEMENT

(1.) THESE are two connected appeals arising out of the same judgment dated 18 -6 -1970 passed by the Temp. Civil & Sessions Judge of Saharanpur convicting the two appellants Hanif and Rampal u/S. 395 IPC and sentencing them to five years, R.I. Both these appeals can conveniently be decided by one common judgment. It may be stated here that three other persons, namely, Shanker, Mohara and Shiamu were tried together u/Ss. 395; and 412 IPC but they were acquitted under those charges. The facts giving rise to these appeals are as follows : A dacoity was committed at the house of Nathu Singh (PW 1) in vill. Pilkhani, P.S. Nakur in the Distt. of Saharanpur on the night between 29th and 30th of April, 1969 at 11.30 p.m. Nathu Singh was sleeping outside the house while his sons Karam Singh (PW 3) along with his wife Smt. Kamla (PW 7), Smt. Khilli (PW 8) wife of Atar Singh, brother of Nathu Singh along with other members of his family were sleeping inside the house. About 11 or 12 dacoits entered the house of Nathu Singh and started committing dacoity and beating them. Smt. Khilli somehow managed to come out and she informed Nathu Singh. Nathu Singh then raised an alarm hearing which many villagers including Afla (PW 9) arrived there. Afla then set fire to a heap of sugarcane leaves lying at the corner of the house of Nathu Singh and Ram Niwaz which emanated sufficient light. The dacoits came out of the house after looting the property. One of the dacoits fired while they were leaving. One Sahib Singh and Afla (PW 9) received gun shot injuries. Thereafter the villagers who had collected there attacked the dacoits with their lathis and after causing injuries to them succeeded in apprehending Hanif and Rampal at the spot while the other dacoits made good their escape with the looted property.

(2.) NATHU Singh then got a written report (Ext. Ka -1) written by one Jagdish. He gave details of the looted property and left the arrested dacoits at the spot in the custody of the village people. He himself went to the police station and lodged the F.I.R. at 1.30 a.m. on the night between 20th and 30th of April, 1989. The case was registered in the general diary (Ext. Ka.10).

(3.) THE injuries of Sahib Singh, Afla (PW 9) and Smt. Khilli (PW 8) were examined by Dr. R.K. Saxena (PW 5) on 30 - -6 - -1969. Gun -shot wounds were found on the person of Sahib Singh, abrasions on the person of Afla and contusions on the person of Smt. Khilli. Dr. Brahma Gopal Mathur (PW 4) extracted pellets from the wounds of Sahib Singh on 3 - -5 - -1969. The pellets were embedded very deep in the wounds of Afla and so they could not be taken out. After completing the investigation, the investigating Officer submitted a charge sheet against all the accused persons on 12 - -6 - -1969. The accused were duly tried.