MOHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The then Pt AddI. Sessions Judge, Agra, vide his judgment and order dated 4-12-1979 passed in S.T.No. 410 of 1977, State v. Mohan Singh and Man Singh of the district Agra convicted the accused Mohar Singh and Man Singh on a charge u/s. 460 IPC and sentenced them to undergo 4 years R.I.

(2.) The prosecution case started on the basis of the F.I.R. lodged by Bengalee, P.W.1 at the police station Samsabad, Distt. Agra. The incident is said to have taken place in the night of 16/17-6-1977 around 2 A.M. The F.I.R. was lodged on 17-6-1977 at 6.30 A.M. after covering a distance of 3 miles. Both the accused have been named as they belong to the same village. It is alleged that in the night of occurrence, the complainant was sleeping in the courtyard of his house along with his wife. At about 2 A.M. he heard some inkling coming out of his house and he got up and saw that thieves were removing the articles from his house towards the roof. He cried hearing which, his brother Sheo Charan, P.W.2 replied that he was coming to his rescue. Sheo Charan was sleeping with his wife Bhoori, P.W.4 and children on the roof. Sheo Charan flashed a torch. Upon which one of the miscreants fired from his pistol causing injuries to Sheo Charan, his wife and children. In the light of the torch flashed by Shoe Charan, the accused Mohar Singh and Man Singh, who belonged to the same village, were identified. The thieves bolted away with goods and cash worth Rs. 3200/-

(3.) On the basis of the oral information conveyed by the complainant, a case was registered by the Head Constable of the police station and investigation followed. The injured Smt. Bhoori was examined on 17-6-1977 at 9.05 A.M. As many as 4 firearm injuries were found on her person (Exhibit Ka-2). The child Satish, aged about 11/2 years, was examined at 9.15 A.M. Two firearm injuries were found on his person (Exhibit Ka. 3). Km. Vimla, aged 4 years, was examined at 9.30 A.M. One firearm injury was found on her person. Sheo Charan was examined at 9.40 A.M. Two injuries were found on his person one of them was caused by firearm. The details of the injuries received by the aforesaid persons have been noted by the learned AddI. Sessions Judge in his judgment. Therefore, they are not being repeated.