SHYAM SUNDER TAMOLI AND ORS. Vs. THE STATE

JUDGEMENT

(1.) BY means of this criminal appeal, the appellants have challenged the judgment and order of conviction dated 02.02.1991 recorded by the Additional Sessions Judge -IV, Unnao in S.T. No. 31 of 1985, whereby the appellant Shyam Sunder, Hanuman, Hari Nam and Mahadeo have been sentenced to undergo rigorous imprisonment for 7 years under Sections 395 and 397 IPC while the appellants Chhedi Lal and Dashrath have been sentenced to undergo rigorous imprisonment for 5 years under section 395 IPC. The appellant Chhedi Lal has further been convicted under Section 412 IPC and has been sentenced to undergo rigorous imprisonment for 3 years.

(2.) DURING the pendency of appeal, the appellant No. 2 Hanuman died while appellant No. 7 Chhedi Lal completed his period of sentence. The appellant No. 6 Smt. Sheokumari was found guilty for the offence under Sections 412 IPC, but was released on probation on her executing a personal bond of Rs. 5000/ -. During the pendency of this appeal, the period of probation came to an end and the appeal as regards her became infructuous.

(3.) THE prosecution case, in short, is that the informant Smt. Vidya Devi lodged a First Information Report on 05.09.1984 at 3.30 a.m. stating therein that in the night of 04.09.1984 when her husband was out, and she was sleeping with her son Arvind, her daughter Manju and her mother -in -law, four dacoits entered into her house from the house of Shyam Sundar and jumped into her courtyard. Hearing the noise, the informant and her mother -in -law awoke. She recognized Shyam Sundar, Mahadev, Hanuman and Hari Nam in the light of lantern which was hanging in the courtyard. They were armed with axe and country made pistol. She saw that Mahadev opened the main door of her house and there upon four more dacoits entered into the house. One of the dacoits armed with gun climbed over the roof while the others began search for the husband of the informant. When they did not find him, they started extending threats to the brother -in -law of the informant and asked him about the ornaments and money kept in the house. One of the dacoits also inflicted axe injury over the head of the mother -in -law of the informant and it was further stated in the First Information Report that there upon she informed about the ornaments which were kept under ground in the baramda. The dacoits began to unearth the ornaments by digging the baramda with the help of a spade. In the meantime, the informant managed to slip out of the house and started raising alarm. The father -in -law of the informant, namely, Hansh Kumar and Devendra also raised alarm upon which the family members and villagers came armed with lathi and torches and challenged the dacoits. Some of the licenced gun holders opened fire in the air in order to scare the dacoits, upon this the dacoits also opened fire but when the villagers exerted much pressure, the dacoits ran away with looted ornaments and clothes. The villagers tried to chase the dacoits but without any result.