GOPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Gopal Dubey Shayama Nand and Rama Nand have been convicted on a charge u/s. 395 I.P.C and sentenced to 5 years R.I. They have been further charged and convicted u/s. 412 I.P.C. and ordered to undergo one years R.I. Both the sentences, were ordered to run concurrently. Coaccused Ram Dhan was acquitted of the charge u/s. 395 I.P.C.

(2.) The prosecution case started on the basis of cu a F.I.R. dated 30.9.1978 lodged at P.S. Barhal Ganj, Distt. Gorakhpur at 7.15 A.M. after covering a distance of 5 miles. The incident is said to have taken place in the night 29/30.9.1978 around 2 A.M. The accused Rama Nand, Shayama Nand, Gopal and Heeraal with Ram Dhari (acquitted accused) have been named.

(3.) It has been alleged in the F.I.R. lodged by Ganesh Prasad, P.W. 1 that in the night of 29/30.9.1978 about 13 or 14 dacoits all of a sudden arrived at his house, where the lantern was burning. The dacoits were armed. The dacoits started terrorising and threatening the inmates of the house. They entered the house through the window and opened the doors and this had facilitated the entry of other dacoits. The dacoits were continuously on move. Alarm was raided, hearing which, the witnesses, namely, Laxmi Shanker P.W. 2 and Amar Nath P.W. 3 apart from others arrived there. They were armed with torches and lathis. After seeing the pressure of the people there, the dacoits retreated after throwing a hand grenade. After a mild chase, the dacoits Rama Nand, Shyaroa Nand and Gopal were arrested by the villagers, who were helped by the police too who accidentally arrived there. The recoveries of several types of clothes from different accused as noted in the F.I.R. in detail, were made. The goods were sealed on the spot and a memo was prepared. The accused were brought to the police station and properly lodged in the lock up.