BADRI 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.) DURING the course of commission of dacoity, one Sadhu Singh informed the police at the police station Ghiror that a dacoity was being committed at the house of Tika Ram Teli. It was an oral FIR lodged by him in which he also mentioned that he had come running to the P. S. to inform the authorities. This report was scribed by Head Moharair Virendra Singh and is Ex. K.a-5. This report was lodged in the presence of Sri Bhagat Singh Sharma at 1.05 A.M. on 20-3-1977.