PREM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These two appeals have arisen out of the same judgment and order dated 04-11 -1985, passed by the then learned Special Judge/additional Sessions Judge, Nainital, whereby in Sessions Trial No. 194 of 1983, accused/appel lants Prem Singh, Phool Singh @ Phula S/o Chotey and Madan Singh, have been convicted under Section 396 of Indian Penal Code, 1860 (for brevity herein-after I. PC.) and each one of them has been sentenced to imprison ment for life. However, the said three were not found guilty of the offence pun ishable under Section 412 of I. P. C. Ac cused / respondents Phool Singh S/o Anup Singh and Moti Singh, have not been found guilty by the trial court, of any of the charges of offences punish able under Section 396, 147,323 /149 of I. P. C. Appellants Prem Singh, Phool Singh @ Phula S/o Chotey and Madan Singh have preferred appeal under Sec tion 374 (2) of Code of Criminal Proce dure, 1973 (for brevity herein-after Cr. P. C.) against their conviction and sen tence awarded. While the State has pre ferred appeal under Section 378 (3) of Cr. RC. against the same impugned judg ment and order as the trial court has not convicted the said accused / appellants under other offences except 396 I. P. C. The State appeal is also against the fail ure on part of trial court in convicting accused / respondents Phool Singh S/o Anup Singh and Moti Singh of the of fence punishable under Section 396,147,. 323/149 I. P. C.

(2.) THE prosecution story, in brief, is that on the intervening night of 13th and 14th June, 1983, at about 1:30 A. M. , five miscreants, one armed with sword and others with lathies, entered in the house of Mangal Singh (one of the deceased), resident of Roshanpur and started beating him. Due to the shouts, his wife Satya Kaur (another deceased) raised alarm, on which she too was beaten by the miscreants. P. W. 2 Prakash Kaur, sister of Mangal Singh then came to the rescue of his brother and sister-in-law, on which injuries were caused by the miscreants on her person also. Mean while, Mangal Singh's servant Chet Ram ran towards neighbour's house and sought their help. Immediately, neigh bour Jagir Singh alongwith P. W. 3 Tara Singh- the informant, P. W. 4 Sohan Singh, with torches and lathies, came to the house of Mangal Singh. THEy also saw miscreants causing injuries to above three persons namely Mangal Singh, Satya Kaur and Prakash Kaur. THE mis creants on getting challenge from the wit nesses, fled from the scene with gold ear-rings and a silver 'pajeb' (silver foot-rings) of Prakash Kaur. THE wit nesses could see the miscreants in the light of torches. P. W. 3 Tara Singh, an eye-witness, got the First Information Report (Ext. A-2) lodged with the Police Station- Gadarpur, on the very day i. e. 14-06- 1983 at 3:35 A. M. THE witnesses took all the three injured to near-by hospital in Gadarpur from where they were referred to Civil Hospital, Haldwani. Mangal Singh and Satya Kaur, succumbed to the injuries and died.

(3.) STITCHED wound 1cm in length front of left leg middle part.