SHIV SINGH Vs. STATE

JUDGEMENT

(1.) SHIV Singh, the sole appellant in Criminal Appeal No. 3036 of 1979 and Kashmir Singh and Mahesh, the two appellants in connected Criminal Appeal no. 3037 of 1979, have challenged their conviction and sentence, under Section 396 IPC, to life imprisonment awarded by the Additional Sessions Judge, Farrukhabad, in Session Trial no. 187 of 1978.

(2.) THE charge against the appellants was that they alongwith two others, namely Ramesh and Veerpal, committed armed dacoity at the house of Ram Chandra in the night between 18th and 19th of April, 1977. THEy first set fire to Lalman by pouring kerosene oil upon him and then looted the ornaments and other articles from the house of Ram Chandra and thereby committed an offence under section 396 IPC. Ram Chandra is said to have lodged an FIR of the incident on 19-4-1977 at 9.45 a.m. alleging therein that the aforesaid incident had happened around or after mid-night of 18/19th of April, 1977 at his residence in village Kundpura, police station Kamalganj, district Farrukhabad,

(3.) DR. S. C. Govil (PW 2) had performed the postmortem examination on the dead body of Lalman on 24-4-1977 at 4.30 P.M. and had found second and third degree burn injuries' on the body of Lalman.