STATE OF UTTAR PRADESH Vs. PREM PAL

JUDGEMENT

(1.) These three appeals are directed against the judgment of the 1st AddI. Sessions Judge, Moradabad, dated 26th of February, 1975 convicting Prem Pal of offences under sections 460 and 394 Indian Penal Code and sentencing him to ten years and seven years R.I. respectively under the two courts.

(2.) Whereas the State of Uttar Pradesh in Government Appeal No. 1515 of 1975 claims that the trial court should have, after convicting Prem Pal under section 302 Indian Penal Code instead of section 460 Indian Penal Code sentenced him appropriately, its claim in Criminal Appeal No. 1514 of 1975 is for enhancement of the sentence awarded to Prem Pal under section 460 Indian Penal Code from ten years R.I. to imprisonment for life. Appellant in Criminal Appeal No. 1937 of 1975 is Prem Pal who claims that his conviction and sentence for the offences under sec. 460 and 394 Indian Penal Code should be set aside and he should be acquitted of the charges leveled against him.

(3.) Briefly stated the case for the prosecution was that on the night between 6th and 7th f December, 1973 Smt. Shanti Devi along with her husband and ailing child was sleeping in the verandah of their house in village Jargaon. At about 3A.M. four persons came inside her haveli and began to steal her belongings from inside the kotha. The sleep of Shanti Devi and her husband Jaswant Singh was disturbed and they got up. When they saw the miscreants they started shouting. Their shouts attracted the attention of the neighbours, namely, Jaipal Singh, Vikram Singh and Chhuttan Singh who along with many other persons arrived at the spot armed with lathies and torches. Prem Pal accused was spotted amongst the miscreants in the light of the lantern which was burning inside the kotha as also that of the torches. It was seen that he was armed with a gun and the other miscreants had pistols in their hands. Shanti Devi had got up on her roof and was shouting while the robbers were carrying away the stolen property, Jaswant Singh, husband of Smt. Shanti Devi, came out and shouted that he had recognized Prem Pal. Thereupon Prem Pal fired a gun shot which caused injury to Jaswant Singh who fell down and died on the spot. The four persons then made good their escape.