MAHENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) All these connected appeals arise out of the same judgment and order dated 11.11.1986 passed by the Special Judge (D.A.A.), Etah, in Special Sessions Trial No. 140 of 1985, State Vs. Tilloo and others, wherein the appellants have challenged the legality and correctness of the impugned judgment convicting them under Section 396 I.P.C. and awarding life imprisonment to all of them.

(2.) We have heard Sri PanKaj Kumar Shukla, learned counsel for the appellants Tilloo, Mahendra and Chunna and learned AGA Kumari Meena, appearing on behalf of the State. Perused the lower court's record.

(3.) The prosecution story is that on 15.3.1985 a first information report was lodged at Police Station Jalesar, District Etah, by the informant Jwala Singh at 7.45 A.M. to the effect that in the intervening night between 14/15.3.1985, when he along with his brother Kishan Lal was sleeping in the Chappar (thatched roof Verendah) of his house, his mother Smt. Leelawati, bhabhi Smt. Shanti Devi and his wife Smt. Munni Devi were sleeping in the Kotha (room) and as usual a lantern was burning in the Chhappar, 8 or 9 bandits armed with guns, country made pistols, hockey sticks and torches entered into his house at about 12.00 O' Clock. They were speaking in the local dialect. Some of them were wearing Khaki clothes and others were in plain clothes. The Dacoits started looting the house of the informant after entering inside the "Kotha", where women of the house were sleeping. By the sound caused by falling of some house hold article, the informant and his brother Kisnan Lal woke up. Kishan Lal caught hold of one of the dacoits namely accused Tilloo and pinned him to the floor. Accused Tilloo called his companion Mahendra to help him saying, xxx"