BHOLA Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by Bhola son of Gopal, Daya Ram son of Gopal, Ram Sajiwan son of Sauni, Rajendra Misra alias Chhota son of Ram Nath and Ram Kripal son of Angnu alias Jagnuu in Sessions Trial Nos.145 of 1988, 66 of 1989, 288 of 1988, 145 -A of 1988 and 244 of 1990 by which accused persons Daya Ram, Ram Sajiwan, Ram Kripal and Rajendra Misra were found guilty under Section 396 IPC and were sentenced to undergo 10 years RI, accused Bhola son of Gopal, Ram Sajiwan and Rajendra Prasad were found guilty under Section 412 IPC and were directed to undergo 5 years RI.

(2.) ACCUSED persons Bhola, Daya Ram, Ram Sajiwan, Rajendra, Ram Shanker, Ram Kripal, Dhunni, Bhola son of Braj Lal, Nanhkau, Badri, Phaguni and Parsadi faced trial after they were charge sheeted by the police of Police Station Barasagwar, District Unnao, except the appellant, Except the appellants, all were acquitted of the chargtes framed against them.

(3.) THE house of the complainant Kailash Narain situates in village Chandarpur, Police Station Barasagwar, District Unnao on the bank of Ganges river for about only 20 paces away and the houses of other villagers namely, Hari Narain, Dalip, Bhulai etc. are adjucent to his house. There is a kachcha rasta running to the east and sough corner of the complainant, the southern and western side of the house of Hari Narain runs to the northern side. The prosecution story, according to the written report - Ex.Ka.1 filed by the complainant, is that in the intervening night of 22/23.3.1988 the complainant was sleeping along with his family members in his house. His parents were sleeping in a room, while he was sleeping in another room. A lantern was burning under the chappar. At that time, 4 - 5 dacoits, by scaling over his roof, came in the courtyard and by breaking open the doorframe of the Kothari of his father, they dragged out his father. They also dragged out the complainant and started to commit dacoity. Some dacoits started to commit dacoity at the house of Hari Narain, his neighbour. They raised shouting for their help whereby he heard the sound of the villagers that they are coming to save them. The villagers also set the 'Phoos' of the complainant and the 'chhapper' of Bholai to the fire, which inflicted sufficient light. The dacoits also shot dead the father of the complainant, who died on the spot. The dacoits were 10 - 12 in numbers, who after committing the dacoity had run away with the booty. Meanwhile, Ram Khilawan, Goberdhan, Ram Swaroop, Bhagwandin and Bhola and other villagers armed with lathi, danda, torches and licensee gun came there and opened fire whereby the dacoits run away. The complainant, in the morning, went to the police station Barasagwar and lodged the report there whereby chik FIR - Ex.Ka.9 was prepared. As none of the dacoits was known from before, a case was registered against 10 - 12 unknown persons in the G.D. For investigation, this case was taken up by Shri Satish Kumar Singh, the then S.O.,who copied out the necessary papers in the case diary, and recorded the statements of Kailash Narain, Smt. Raj Dulari and Narain at the same time. After that, he went at the place of occurrence along with force and got prepared the inquest report - Ex.Ka14 by Brajpal Singh, Sub Inspector. Kailash also disclosed the name of articles, which were not mentioned in the FIR. After preparing the inquest report and sealing the dead body, he also prepared other connected papers and handed over the same to Constable Mizazi for getting the post mortem done. He inspected the place of occurrence and prepared the site plan - Ex.Ka.19. He also took in his possession the sample and blood stained earth and prepared the memo - Ex.Ka.20. From the place of occurrence he also found one lathi, one pair of Hawai Chappal, one Angauchha, one empty cartridge and 3 wads and pellets and prepared memo Ex.Ka.21, and recorded the statements of the witnesses, namely, Ram Swaroop and Goberdhan. On 24.3.1988, he recorded the statements of witnesses, namely, Lala, Bhagwandin, Dhunnar, Smt. Phoot Mati, Charan Lal, Mohan, Chandrika, Hari Narain etc., and also lay search of the accused. On 31.3.1988, on the information of the informer, he arrested accused Bhola son of Gopal and Ram Sajiwan and on their pointing recovered the articles from their houses and the house of Rajendra Mishra, and also prepared the memos. The details of the property has been given in the recovery memos. He also inspected the place of recovery, and prepared site plan. Before that, on 24.3.1988, he took into his possession one lantern, the torches of the witnesses, and prepared the memo and handed over it to its respective owners. From the place of occurrence, he also took in his possession the ashes of chhappar and prepared memo. At the time of arrest of accused Bhola son of Gopal and Ram Sajiwan he also made them baparda, and in the same position handed over at the police station. Another accused Daya Ram was also arrested on 14.4.1988 while the remaining accused surrendered themselves in the court. Their test identification was also conducted on different dates. After completion of the investigation, the charge sheets were submitted.