BADRI AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 27-8-79 passed by II Addl. Sessions Judge Mainpuri in Sessions Trial No. 448 of 1977 connected with Sessions Trial No. 68 of 1978 State v. Ved Ram, Sessions Trial No. 98 of 1978 State v. Nanak Chandra and Sessions Trial No. 325 State v. Nathu convicting all the accused under Section 396 IPC sentencing each of them to imprisonment for life. The charge against these accused persons was that they along with 8 or 10 others, in the night intervening 19/20 March, 1977, committed dacoity at the house of Dhani Ram in village Nagla Kehari, helmet Kalhore Pachan, P.S. Ghiror district Mainpuri and in the commission of the said dacoity committed the murder of Shri Krishna, Tika Ram and Raj Kumar.

(2.) Before proceeding with the prosecution story, it would be appropriate to refer to a small pedegree which is as follows:

(3.) Phool Singh, the common ancestor had his wife Smt. Kaushalya. He had two sons Tika Ram and Dhani Ram. Tika Ram had two sons Raj Kumar and Shri Krishna. During the commission of the dacoity all these persons namely Tka Ram, Raj Kumar and Shri Krishna was murdered. Tika Ram's wife Smt. Vedwati and Smt. Kaushalya, wife of Phool Singh were also injured. Dhani Ram PW 1, who is the real brother of Tika Ram and his wife Smt. Munni Devi also sustained injuries in the said dacoity.