HAMMIR Vs. STATE OF U P

JUDGEMENT

(1.) Appellants along with Ram Charan, Parsu and Ram Singh were tried by the AddI. District and Sessions Judge, Lalitpur in Sessions Trial No. 58 of 1976 u/ss. 395/397 Indian Penal Code whereas the appellants had been convicted for the said, charge and awarded life imprisonment 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.H. 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 mid night some dacoits entered the house of Mulayam Singh (P.W. 2) in village Kumraula, police station Jakhlaun in district Lalitpur by Scaling the 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 (P.W. 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 alarm 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 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 tear apart the main door with a Kulhari. Mulayam Singh complainant kept barrel of his 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 claimed 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 person in. the village with the result that a large number of persons arrived with lath is and torches chasing the dacoits. Sujan Singh (P.W. 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 recognised under whom were about 12 or 13 in number. The dacoits were chased by all the persons who had assembled there and after about a furlong and a half on the west of the village hear the filed 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 sown 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 assembled brought the injured dacoit from that place in front of the complainants house where he was found to be dead. The complainant also found in the place meant together the cattles which, was in front of his house, 8 pairs of shoes, four shirts, one pant, one military type of cap, one bundle of Prem bidi, one packet of Panama cigarette and on tehmad.

(3.) After the incident the complainant went to the police station Jakhlaun which was at distance of about four miles, where he lodged the report against 12 or 13 unnamed and un-known dacoits at 6.10 a.m. in the morning of 14th May, 1976. The case was registered at the police station where after the investigation of the case was taken up by P.W. 12 S.I. Kaptan Singh who apart from completing other formalities prepared the site plan, recorded the statement of witnesses Chandra Bhan Singh, Mulayam Singh, Hammir Singh, Dev Singh, Sher Singh, Sujan Singh, Juthuaand Yare Lal. Thereafter the investigation was taken up by Station Officer Jai Ram Singh Chandel (P.W. 10) The injuries of P.W. 4 Chandra Bhan Singh were examined by P.W. 10 Dr. K.C. Jam at the District Hospital, Lalitpur on 14/5/1976 at 5.15 P.M. He found four lacerated wounds, 4 contusions and one multiple abrasion on the person of Chandra Bhan Singh. The same doctor also performed autopsy on the dead body, one of the dacoits on 15/5/1976 at 9 a.m. He found that the deceased had died of shock and haemorrhage on account of ante mortem injuries. He also, found that the injury Nos. 5 and 6 could be cause due to friction, injury No. 10 from some blunt weapon, injury Nos. 3,4,5, 6, 7 and 8 from fire arm and injury Nos. 1,2,9 and 10 from some blunt weapon and that the said injuries could be caused at 12 mid night on the night between 13114th May, 1976.All the accused persons were arrested by Station Officer Jai Ram Singh Chandel (P.W. 19) On 31.5.1976 he had gone in 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 u/ss 399/402 I.P.C. where after their complicity in this crime was also found out. He got them into his custody, made them bapardaat Thana 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 Ram Singh came to light. The Station Officer raided their house and arrested them at 8 Oclock on 17/6/1976 in the morning. They were also made baparda 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 where after the test identification parade of all the appellants was conducted by P.W. 11 the Executive Magistrate, Lalitpur on 31/7/19T76 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.