SHEO SHANKAR Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned AGA and perused the record.

(2.) THE appellant, only accused, who faced trial in S.T. No.41/1982 stood convicted for offence under Section 395, IPC and was sentenced to undergo imprisonment for ten years, has challenged his conviction and sentence by way of present appeal.

(3.) THE prosecution version, as it has come forth in the FIR lodged by Kedar Nath Yadav, is that on 24.11.1981 at about 7.00 in the evening he along with his other family members namely, Radha Yadav, Shanker Yadav and Smt. Sudamiya were warming infront of the fire. Lantern was on in the house. Other inmates of the house namely, Keshav Prasad Yadav and Rama Kant Yadav were inside the house that all of a sudden 7 -8 Dacoits trespassed into the house and asked for the gun. The complainant having suspected dacoity, put fire to the fodder in the courtyard, whereby lot of illumination appeared, and raised cries. The Dacoits in order to terrorise hurled bombs and fired with the tamanchas they were having and also affected loot inside the house. Keshav Prasad took his gun and fired on the Dacoits. On the cries made by the inmates of the house witnesses also appeared while flashing torches. The witnesses were unknown and they were recognised in the light mentioned above. Due to the fire and bomb blast by the robbers the complainant, Ram Chandra, Smt. Sudamiya, Shanker Yadav and Parshuram received blast injuries. It is also mentioned in the FIR that the Dacoits also received injuries by the fire made by Keshav Prasad as also from the blast of bombs they were having. The Dacoits took retreat to the East of the house where the trail of blood was found.