HAMMIRA Vs. STATE OF U P

JUDGEMENT

(1.) G. Malaviya, J. Appellants along with Ram Charan, Parsu and Ram Singh were tried by the Addl, District and Sessions Judge, Lalitpur in Sessions Trial No. 58 of 1976 under Sections 325/397, Indian Penal Code whereas the appellants had been convicted for the said, charge and awarded life imprison ment the other three accused Ram Charan, Parsu and Ram Singh were given the benefit of doubt and had been acquitted. The appellants had preferred this appeal against their conviction and sentence, we have heard Sri P. N. Mishra learned counsel for the appellants and Sri A. K. Singh learned counsel for the State.

(2.) ON the night between 13th and 14th May, 1976 at about midnight some dacoits entered the house of Mulayam Singh (PW 2) in village Kumraula, police station Jakhlaun in district Lalitpur by scaling neem tree situated in front of the house. ONly five or six dacoits had climbed on the top roof of the house where Chandra Bhan Singh (PW 4) son of complainant) Mulayam Singh was sleeping along with his wife. They started beating Chandra Bhan Singh and asked him where was the gun and Babba. ON his alarms the complainant, his brother, nephews and father who were sleeping in other parts of the house woke up and went to the verandah. The complainant peeped through some opening by the side of the door and found that some seven or eight dacoits were standing outside with guns and were firing the same. ONe of the dacoits was trying to taar apart the main door with a Kulhari Mulayam Singh complainant kept barrel of hims gun through the opening in the wall outside and fired. The fire hit two of the dacoits who started crying MAR DALA MAR DALA. The dacoits who had climbed on the roof came down. Meanwhile one Gulab Singh started firing from his gun. The dacoits then picked up two of the injured persons and tried to escape to west after moving towards the south. The gun shots as also the alarm attracted the other persons. To the village with the result that a large number of persons arrived with lathis and tourches chasing the dacoits. Sujan Singh (PW 6) meanwhile put fire to some grass which was lying in front of his house which produced enough light. In the said light as also in the light of torches and the full moon which was in the sky the members of the complainant family as also the village people could see the features of the dacoits whom they recog nised under who were about 12 or 13 in number. The dacoits were chased by all the persons who had assemble there and after about a furlong and a half on the west of the village near the field of the complainant they could encounter the dacoits who were trying to carry away the two injured dacoits. The villagers tried to encircle the dacoits. The dacoits who had been injured initially was put down by the other dacoits who fled away firing by entering the nala and escaped. Apprehending that the dacoits may return to take away the injured dacoit the village people who had assemble brought the injured dacoit from that place in front of the complainant's house where he was found to be dead. The complainant also found in the place meant tether the catties which was in front of his house, 8 pairs of shoes four shirts, one pant one millitary type of cap one bundle of Prem Bidi, the packet of Panama cigarette and one thamad

(3.) ALL the accused persons were arrested by Station Officer Jai Ram Singh Chandel (PW 19 ). On 31-5- 1976 he had gone on search of the accused of the said crime. He came to know that appellants Hammira, Halka, Lakhu Amar Singh and one Ram Charan had been arrested in connection with a case of Khillan of Police Station Kotwali, Lalitpur under Section 399/402, IPC whereafter their complicity in this crime was also found out. He got them into his custody, made them baparda Thaana Kotwali Lalitpur at about 5-30 a. m. He also arrested one Parsu accused from his house at 6 a m. on 15-6-1976 whom he made baparda on the spot and brought to police station Jakhlaun on the same day baparda. He was also sent to jail on the same day baparda at 12. 30. p. m. It was after arrest of Parsu that complicity of the other accused persons viz. , Appellants Akbar, Ram Singh, Mahadeo and another accused them at B O'clock on 17-6-1 976 m the morning. They were also and were entered at the police station at 11. 30 and sent to jail baparda at 1. 30 p. m. He gave a report on 15-6-1976 and 18-6-1976 for identification of these accused persons whereafter the test identification parade of all the appellants was conducted by PW 11 the Executive Magistrate, Lalitpur on 31-7-1976 in District Jail, Jhansi. After completing the investigation he submitted the Charge-Sheet against the accused persons who were tried by the Additional District and Sessions Judge, Lalitpur.