GOLHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal by the solitary appellant Galhai is directed against impugned judgment of his conviction and order of his sentence dated 14.12.1982 recorded by IInd Additional Sessions Judge, Mirzapur in S.T. No. 306 of 1981 by which appellant has been convicted under section 395 I.P.C. and sentenced to four years RI.

(2.) Eschewing unnecessarily details, prosecution case against the appellant is that on the intervening night between 10/11.8.1980 at about 1 a.m. appellant and his socio criminises Sheomuni, Rajendra, Shanker Ram and 3/ 4 other dacoits armed with lathi and danda, committed dacoity in the house of informant Panna Lal/PW1, resident of Marihan, district Mirzapur after breaking open the entrance door. The named dacoits they were identified in the lights of earthen lamp and flashing of torches by both, the witnesses as well as by bandits. On hue and cry raised by the informant victim/PW1, co-villagers Dayaram, Sheo Sewak Singh, Paras Nath, Kalloo Singh and many others arrived at the incident scene forcing the dacoits to flee from the spot who decamped along with looted articles towards north. A chase was laid and at a distance of about 25-30 paces, two of the dacoits Sheomuni and Rajendra threw the looted articles and sprinted towards west. Sheomuni was carrying a box. Informant and his brother Vakil along with Powalal another co-villager chased the dacoits Sheomuni and Rajendra. After chasing for some more strides, Rajendra and Sheomuni started assaulting the informant and the villagers with danda. In retaliation, informant and the villagers also launched an attack on the dacoits with lathi and gadasa. In that brawl and retaliatory attack, Rajendra, however, made his escape good but Sheomuni was lynched by the villagers who died at the spot. Jagdish, Lale and two others were named as members of that gang. The bag which Sheomuni had looted and had decamped with contained silver ornaments and muslin.

(3.) Incident FIR, Ext. Ka-1, was scribed by Vakil Singh and informant Panna Lal/PW1 signed on it and then he covered six miles distance to the police station Marihan where he lodged the FIR on 11.8.1980 at 2.35 a.m. which was slated down as crime no. 59 of 1980, under sections 395/412 I.P.C. by HC Ram Baricha Singh, PW6, Usual investigation was conducted by S.O.Surya Bali Singh, PW4 and S.O. Ram Bali Dubey, PW5 which culminated in charge sheeting the appellant only.