GENDA LAL Vs. STATE OF U P

JUDGEMENT

(1.) Mr. Ikramul Ban, the then VIlIth Additional Sessions Judge, Non-Metropolitan Area, Kanpur, had vide his order dated 29.4.1978 convicted Genda Lal on a. charge under Section 395, Indian Penal Code and sentenced, him to 6 yearsT rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine to undergo 6 months rigorous imprisonment.

(2.) The prosecution story was that at about midnight on 19/20.2.1975 Bhikari Lal complainant, (P.W. 2) was sleeping under a Chhappar infront of the door of his room. His nephew, Ram Swarup was sleeping in the western room in which the engine of the tubewell was fixed and a lighted lantern was hanging on a peg in the wall under the Chhappar. Suddenly the complainantTs dog started barking and, therefore, he got up. He saw 7 or 8 persons standing near him. They rebuked him by saying that he was not stopping the dog from barking and when Bhikari Lat said that the dog was meant to bark these persons started giving him Danda and Hockey blows and asked him to surrender the key of the look of the room. Ram Swarup also got up and came at the spot.Promptly 4 or 5 room persons fell upon him and started giving him beating with sticks and Dandas. Then the culprits, who were 7 or 8 in number entered, the room and busied themselves in searching the room for valuables. Meanwhile, alarm was raised by both the injured victims and as a result thereof Ram Swarup. Balak Ram, Asharfi Lal, Ajoahya Prasad, Ram Autar and Soney Lal come crying and flashing the torches. Sugarcane leaves were lying in a heap towards the east of the engine room and Soney Lal put them on fire and this created sufficient light on the spot. Property from the premises was looted by the ddcoits and during the course of their movement from place to place they were very well seen in the light of the lantern, torches of the witnesses and the burning fire and amongst them Genda Lal the present appellant, who is resident of a neighbouring village, was clearly seen and recognized. The features of other culprits were also seen. The dacoits ultimately left with the looted property, of which details have been given in the F.I.R. Ext. Ka. 3. which was scribed by Soney Lal at, the dictation of Bhikari Lal and it was handed over in the police station at 10.30 a.m. on 20.2.1975. (seven miles from the place of occurrence). A case was registered and Bhikari Lal and Ram Swarup both were sent for medical examination to Dr. S. R. D. Lakhyani (P.W.1). Investigation was made. Atriz, Siddiq and Mumtaz were also arrested. Genda Lal was arrested on 28.6.1975. Atrfz, Siddiq and Mumtaz were put up for identification and after completing the investigation, charge-sheets were submitted against all the accused.

(3.) The prosecution examination Bhikari Lal, Balak Ram. Ram Autar and Soney Lal. P.W. 2, P.W. 3, P.W. Sand P.W.6, respectively as eye-witnesses of the occurrence. The other witnesses were all formal including the Investigating Officers, Medical Officer and the Magistrate, who conducted the identification proceedings.