BABBOO Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. The above mentioned two appeals arise out of the judgment and order, dated 22-2-1983 passed by Shri K. C. Agarwal, Ilnd Additional Sessions Judge, Bahraich, convicting the appellants under Section 395 I. P. C and sentencing each of them to imprisonment for a period of seven years. Both the appeals are, therefore, being disposed of by a common judgment.

(2.) THE brief facts of the prosecution case are that a dacoity was committed in the night between 23/24- 1-1982 at the house of Bachchoo (P. W. 1), Jile Ram and Hardwari (P. W. 2) in village Muralipurwa hamlet of Pat hakpurwa Police Station Kharighat District Bahraich. It is said that (P. W. 1) Bachchoo was sleeping in the outer thatched Chaupal alongwith his grand sons and a lantern was burning in the Chaupal. Shanker son of Bachchoo and the ladies were sleeping inside the house. At about mid-night the dacoits caught hold of Bachchoo and started to enquire from him about the valuables. Some of the dacoits entered inside the house. Shanker tried to apprehend one of the dacoits whereupon it is alleged that the said dacoit fired a shot at Shanker with a country made pistol causing injuries to him. Bachchoo and others raised alarm and on hearing the alarm several persons of the village reached there with torches and one Hari Lal set fire to the heap of Phoos which was lying towards north of the Ghari of Bachchoo. It is alleged that the witnesses saw the faces of the dacoits in the light produced by the burning of the Phoos as well as torch and lantern light. It is also alleged that after looting the house of Bachchoo, the dacoits also looted the house of Hardwari and Jile Ram. After committing dacoity the ran away. In the next morning Bachchoo took all the injured persons to Police Station Khairighat and lodged a written report (Ext. Ka. 1) at Police Station Khairighat at 10. 10 a. m. On the basis of said written report P. W. 12 Ishwar Nath Shukla Head Moharrir prepared chik report Ext. Ka 12 registered a case in the G. D. Ext. Ka 13. THE injured persons were sent to the State Dispensary Nanpara for their medical examination through Constable Ram Shanker Panday. In the caid P. H. C. they were medically examined and injury reports were prepared. (P. W. 9) S. I. Jagat Narain Misra in whose presence the First Information Report was lodged, started investigation in this case and he at once proceeded to the village of the occurrence and recorded the statements of the witnesses. He also prepared site plan (Ext. Ka 6) and took sample of ash of the burnt Phoos and also collected blood stained and plain earth. He also inspected the torches and prepared Fard. Sub sequently, S. I. Yashwant Singh (P. W. 7) S. O. Police Station Khairighat took over investiga tion and after completing the same submitted charge-sheet against the accused persons.

(3.) ON the other hand, the accused persons denied the prosecution and stated that they have been falsely implicated in this case. Appellant Siddiq in his statement under Section 313 Cr. PC. stated that he is Nai (barber) by caste and is resident of village Chikhari Dhandhar Police Station Rampur Mathura District Sitapur. He further stated that he came to village Bela Makan Police Station Khairighat at the house of one Sunder Singh on the invitation of Sunder Singh for the Mundan ceremony which was going to be performed at the house of Balkaran Singh of his village. He further alleged that residents of village Bela Makan had enmity with Sunder Singh and, therefore, he was falsely implicated in this case.