ALL HASSAN Vs. STATE

JUDGEMENT

(1.) ALI Hasan, Sher Khan, Lakhan Singh, Ashraf and Ghulam Nabi have been convicted by the Sessions Judge, Bijnor for an offence. under Section 396, I. P. C. and each of them has been sentenced to imprisonment for life. Shafiq Ahmad has been convicted by the same judgment and order dated 4th February, 1970 for the offences under Sections 411, I. P. C. and 25. Arms Act and sentenced to 2i years rigorous imprisonment and a fine of Rs. 200 on the first count and 1 1/2 years rigorous imprisonment on the second count. Both the sentences have been made to run consecutively. Criminal Appeal No. 373 of 1970 has been preferred by Ali Hasan, Sher Khan. Ashraf and Ghulam Nabi. Criminal Appeal No. 778 of 1970 has been preferred by Lakhan and Criminal Appeal No. 437 of 1970 has been preferred by Shafiq Ahmad against their respective convictions.

(2.) JAI Prakash is a Police Constable, who during the relevant period was posted at Police Station Najibabad. He was on leave at his house in village Chehal on the date when the dacoity in question was committed. He lived in a (portion of Haveli which is situate in village Chehal and which is inhabited by several other residents of the village, Hari Singh also lived in this Haveli.

(3.) THE prosecution case is that at about mid-night of 27th/28th October, 1968, eight or nine dacoits armed1 with single-barrel guns, pistols, lathis and Tabals entered into the Haveli by breaking open its entrance door and by removing the door leaf of the Kotha of Jai Prakash, The dacoits fired twice towards the Kotha of Jai Prakash and made their entry. Jai Prakash also returned the fire twice. The dacoits fired back with the result that Jai Prakash and his 21/2 years old daughter Kumari Santosh received gun-shot injuries. Jai Prakash and his wife on getting an opportunity managed to run out of the Haveli. An alarm was raised by Jai Prakash which attracted a number of villagers who saw the dacoits in the light of the burning Phoos which was lying to the south of the Baithak of Dori Singh and was lit by him and which created immense light. It is said that the dacoits had torches which they flashed during the commission of the dacoity. The villagers had also torches which they were flashing at the dacoits. One of the dacoits was armed with a gun and he was keeping guard at the place where the dacoits were keeping the looted property. Another dacoit armed with a gun and a torch went on the top of the roof from where he fired several rounds. The dacoity lasted for about 45 minutes, After ransacking the house of Jai Prakash the dacoits also looted the house of Hari Singh, It is said that two of the dandcoits Jagat Vir and Ved Prakash, who were known to the witnesses had covered their faces with Dhatas. During the commission of the offence in question their faces got uncovered which enabled their recognition. We are not. however, concerned with the cases of these two accused Jagat Vir and Ved Prakash because they had been acquitted by the Sessions Judge by the same judgment. After looting the aforesaid houses the dacoits made good their escape first towards the east and then towards the south.