MAHESH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present Criminal Appeal under Sec. 374 Code of Criminal Procedure, 1973 (hereinafter referred as "Cr.P.C.") has been filed against the judgment and order dtd. 24/2/1986 and 25/2/1986 passed by Special Judge (Anti Dacoity)/IIIrd Additional Sessions Judge, Mainpuri, in Special Case No. 349 of 1984, whereby the appellants have been convicted under Ss. 395 read with Sec. 397 of I.P.C. and sentenced them to undergo seven years of rigorous imprisonment.

(2.) Brief facts of the case, as per first informant report (Ext. Ka-1) dtd. 6/3/1984 which was registered by Ranveer Singh (PW-1) against the appellants and 6-7 unknown dacoits under Ss. 395, 397 of I.P.C., are that at about 11:30 pm in the intervening night of 5/6/3/1984 offence of dacoity had been committed in his house by appellants and 7-8 unknown dacoits. Appellant no. 1 Mahesh Chandra was armed with single barrel gun .12 bore and appellant no. 2 Raj Bahadur was armed with country made pistol and other unknown assailants were armed with guns, country-made pistol, axe and sticks. Family members (mother, younger brother, wife, sister-in-law along with children) were trapped inside the house at the time of incident. There was sufficient light of dibbi. On hue and cry of first informant and villagers came for the rescue.

(3.) To prove the charges against appellants prosecution examined as many as 7 witnesses namely; PW-1 Ranveer Singh (first informant), PW-2, Smt. Sanjawati (injured witness), PW-3, Vijay Singh (brother of the first informant), PW-4, Dr. V.S. Yadav (Medical Officer who examined the PW-3 and Narayani Devi), PW-5 H.C. Devendra Pal Singh (Scriber), PW-6 S.I. Jag Mohan Singh (Ist Investigating Officer) and PW-7 S.I. Ram Roop Sharma (IInd Investigating Officer).