VIJAY YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THESE two appeals are connected with each other, having arisen out of the same judgment dated 24 -11 -1981 passed by Sri S.N. Tiwari, the then II Additional Sessions Judge. Ghazipur in Sessions Trial Nos. 282 and 337 of 1980. Vijay Yadav, Umesh Kumar Sinha and Ram Pravesh alias Pankhia alias Ganesh were tried in Sessions Trial No. 282 of 1980 and Surendra Kumar Singh in Sessions Trial No. 337 of 1980. All the four have been convicted under Section 396 I.P.C. and sentenced to life imprisonment.

(2.) WE propose to decide the two appeals by this common judgment. The appellants in Criminal Appeal No. 152 of 1982 are Vijay Yadav and Ram Pravesh alias Pankhia alias Ganesh whereas Surendra Kumar Singh and Umesh Kumar Sinha are the appellants in connected Criminal Appeal No. 153 of 1982. At the hearing of the appeal, none appeared from the side of the appellants, though the appellants of Criminal Appeal No. 152 of 1982 are represented on record by Sri Gajendra Pratap, Advocate. The appellants of Criminal Appeal No. 153 of 1982 are represented on record by Sri Narendra Kumar, Advocate. We are deciding the appeals on merits after hearing learned A.G.A and going through the record as per the dictum of the Supreme Court in the case of Beni Singh v. State of U.P. 1996(1) JIC 1099 (SC) : AIR 1996 SC 2439.

(3.) AS per the prosecution case, Sattar (deceased), Liyakat (deceased), Modeen PW 2, Ishhaq PW 3, Jahoor, Farid and Sharif, residents of Koshikalan (Mathura) were cattle merchants. After selling cattle in Cattle Fair at Bihata Bazar in Bihar, they were returning home with good amount of money which was with Sattar (deceased). After the occurrence, currency notes of Rs. 61,850/ - were recovered by the police from near the dead bodies of Sattar and Liyakat on 14 -4 -1980 at Mughalsarai Railway Station. The train in question was boarded by the above persons at Bihata Railway Station at about 9:30 p.m. on 13 -4 -1980. It appears that their return with money was scented by the accused appellants and their other two companions who had also boarded the same compartment at Railway Station, Bihata with these businessmen. The compartment was over crowded. Some passengers were standing in the aisle. These businessmen sat in the aisle (gallery) with their belongings. There was light of electric bulb in the gallery of the compartment. Since the businessmen were carrying money, they carefully observed their six fellow passengers who boarded the same compartment and who stood near them. The train stopped at Dildarnagar Railway Station at about 12:50 a.m. One or two minutes after the movement of the train from Dildarnagar Railway Station, six persons, who had boarded the compartment alongwith these businessmen stood up near them. Two of them (Ram Pravesh alias Pankhia alias Ganesh and Surendra accused appellants) were holding countrymade pistols which they placed upon the chests of Liyakat and Sattar and asked them to hand over whatever they had or to face pistol shots. They, however, succeeded in snatching the pistols from those two miscreants and caught them by their hands after a scuffle, but the other four miscreants got their two companions released from the grip of Liyakat and Sattar. After getting themselves released, these two asked the other four companions to hand over grenades to them so that they could kill Liyakat and Sattar. Their companions were having bags. One of them (Ram Pravesh alias Pankhia alias Ganesh) took grenades (countrymade bombs) from the bag and threw 2 -3 grenades towards the businessmen. There was a bang and people started crying in the compartment. Liyakat and Sattar received serious injuries. The train, which by that time had reached the outer signal of Dildarnagar Railway Station, stopped. When the other passengers tried to apprehend the culprits, they jumped outside and threw 2 -3 more bombs towards the compartment. There was again a bang and cries were raised. About 11 -12 passengers inside the compartment received injuries. When the dacoits were throwing bombs towards the compartment, one of them shouted that the police had arrived and they should run away. They then made their escape good.