ISHAQ Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal filed on behalf of the accused appellant from judgment and order dated 20th of November, 1981 passed by VI Additional Sessions Judge, Mathura in Sessions Trial No. 150 of 1981, State v. Ishaq & Anr. , convicting accused Ishaq under Section 395 read with Section 397 IPC and sentencing him to eight years' rigorous imprisonment thereunder. By the impugned judgment co- accused Qamru was given benefit of doubt and acquitted.

(2.) BRIEF facts giving rise to this appeal are that during the night between 14th and 15th of December, 1980 Gir Raj alongwith Bhagwan, Babu, Raman and Vishnu were sleeping in their nauhra and their ladies were asleep in different apartments inside the house. At about 12. 00 midnight Ishaq and others sleeping in the nauhra got awoken by the sound of firing and saw that some 3-4 bandits were firing from the roof of their house and some were ransacking the house. A burning lantern was hanging in the verandah of the house. In the meanwhile Vishnu ignited fire to the bundles of karub kept to the west of nauhra. In the meanwhile several co-villagers including Preetam, Shanker, Shikhar Chand, Girdhari, Chhamman, Lakkhi, Raghunath, Revati, Moti Ram, Data Ram, Anushya and Bhoval rushed to the scene of occurrence. Preetam also fired with his licenced gun. After ransacking the house the bandits ran away with the looted ornaments, clothes etc. Inmates of the house and the witnesses recognized some of the dacoits in the light of burning karab and that torches flashed by the bandits and the witnesses. Next morning Gir Raj taking the injured went to police station Kosi Kalan situate at a distance of five miles from village Barehavali and lodged FIR of the said occurrence with the police there al 8. 00 a. m. The police registered a crime against some 10-12 unknown bandits and started the investigation. Station Officer M. N. Jafri took up investigation of the crime in his hands. Injured Lakkhi, Smt. Shanti, Smt. Jasoda, Smt. Anushya, Babu, Bhoval, Moti Ram, Raghunath, Chhamman, Deen Prakash, Girdhari, Shanker, Rupam, Indrajeet, Vishnu, Revati, Raman and Gir Raj were medically examined by Dr. J. R. Jiyani, medical officer Civil Hospital Kosi Kalan on 15th of December, 1980 between 12. 10 noon to 4. 15 p. m. The doctor opined that injuries found on the person of all the injured excepting Smt. Shanti and Smt. Jasoda were caused by firearm projectile. Medical examination of Smt. Shanti revealed one lacerated wound on her person which was caused by some hard and blunt object and simple in nature. Medical examination of Smt. Jasoda did not reveal any injury on her person.

(3.) AFTER framing of charge against accused Ishaq and Qamru the prosecution examined Gir Raj (PW 1), Lakkhi (PW 2), Raman (PW 7) and Raghunath (PW 8) as eye-witnesses of the occurrence. Out of these four witnesses Lakkhi, Raman and Raghunath appeared as identifying witnesses. PW 3 J. S. Keral, Special Executive Magistrate, Mathura who conducted test identification proceedings proved the identification memo (Ext ka 5 ). PW 5 Dr. S. R. Jiyani who medically examined all the injured proved the injury reports. PW 11 SI M. N. Jafri who was station officer on 15th of December, 1980 and investigated the case initially proved the police papers. PW 6 SI Ram Kunwar Singh Tyagi who subsequently took over charge as station officer police station Kosi Kalan continued the investigation and after completing the same submitted charge-sheet against accused Qamru, Asgar and Ishaq.