RAMPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal is directed against an order dated 8-9-1979 by the VIIIth Additional Sessions Judge, Meerut, in S.T. No. 107 of 1978. By the said order, the learned Sessions Judge had convicted the two appellants under Section 395, IPC and sentenced each of them to undergo R.I. for 7 years. They were on bail during trial and both the appellants were granted bail after the filing of the present appeal. Both of them, however, failed to appear on 14-11-1994 when the case was fixed and taken up for hearing and their counsel also did not appear. Accordingly, this court cancelled the bail bond of both the appellants. This Court also directed issuance of warrants of arrest against them. In pursuance to the said warrants of arrest appellant Rampal was apprehended and he has been in custody since then. When the appeal was heard, Salim had not complied with the court's order nor was he appre hended. Accordingly, judgment was reserved with a direction that Salim should in the meantime surrender in compliance with the order of the court cancelling his bail. Salim did surrender on 9-2-1995 before the CJM, Meerut, and was taken into custody and an information thereof through an affidavit was given by his brother-in-law on 13-2-1995.

(2.) The case against the appellants and another was started on an FIR lodged at Baraut police station. Meerut, on 10-12-1976, at 10.30 a.m. for an incident that took place in the previous night. It was stated in the FIR that on the night between 9th/10th Dec. 1976, the grand-son of the complainant, Hoshiyar Singh, was sleeping in his shop. It was a moonlit night. There was also a lantern burning in the shop. During mid night, somebody knocked the shutters of the shop on the plea of purchase of bidi. When the shop was opened, 8 to 10 persons entered the shop. One had a gun with him, two were having country-made pistols while the others were variously armed with danda etc. They had torches also with them. By show of gun and pistol and by beating the complainant, the miscreants demanded the keys and they also took away valuables kept in sacks. The miscreants had also sprinkled kerosene oil on the complainant and threatened him to be set on fire. The victims made a hue and cry and different persons of the locality came there with torches and lathis and challenged the dacoits. The miscreants opened fire at the villagers also and left the place. The FIR gives a list of materials stolen and it also alleged that the above named grandson, Rajesh Kumar, and other witnesses had identified, amongst the miscreants three persons of that very village, who were Amichand, Salim alias Gandhi and Rampal. This Amichand died during trial and only Salim and Rampal faced the trial.

(3.) Hoshiyar Singh was medically examined on 11-12-1976 at 12.45 p.m. He had one bluish red contusion on the thigh and some scaled abrasions. Accused, Rampal, was arrested in village Khera Islampur (the village of occurrence itself) on 12-12 -1976 from his house. His house was searched but nothing incriminating was recovered. The house of Salim was also searched and nothing was recovered from there also.