MISHRI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Under challenge in this appeal is the judgement and order dated 07.07.1984 passed by Special Additional Sessions Judge, Sultanpur in Sessions Trial No.114 of 1982 (State vs. Shailendra Kumar and others) under section 395 IPC, P.S. Chanda, District Sultanpur by which the appellants were convicted and sentenced to ten years' rigorous imprisonment under section 395 IPC.

(2.) During the pendency of this appeal, the appellant Mishri Lal had died, hence the appeal against Misri Lal stands abated.

(3.) Brief facts of the case are that on 26/27-02-1982 the complainant along with his family members were sleeping and at about 12.30 am in the night, four dacoits entered into the house through ladder and opened the main gate of the house, upon which total eight - nine dacoits entered in the house and started committing dacoity. Dacoits were armed with country made pistol, gun and torch. The father of the complainant had caught-hold one dacoit and raised alarm upon which the complainant also reached on the spot. One of them opened fire upon the father of the complainant and he was injured, due to which the complainant got scared and made a loud noise. The complainant set fire to the heap of 'lattha', which created sufficient light. Upon alarm of the complainant, witnesses Deo Datta Mishra, Raja Ram, Uma Shanker Mishra, Thakur Prasad, Moti Lal, Ram Abhilash, Gyan Dutta Ojha, Sita Ram Mishra, Ram Pal and other villagers came along with Lathi and Torch. At the same time, Station House Officer Police Station Chanda also arrived along with other police personnels, upon which the dacoits fled away along with the looted articles. The complainant along with the villagers and the police personnels arrested about six dacoits along with the looted articles at a distance of two furlong from the spot. The arrested dacoits told names of ran away dacoits as as Nanhe Baniya, Bahira Pandit and Mahadeo. The dacoits arrested on spot told their names as Shailendra Kumar Mishra, Mishri Lal, Putti Lal, Gopal, Awadhesh and Shyam. The first information report was lodged on the same day and the recovery memo of looted articles was also prepared on the spot. After investigation, charge-sheet was filed against the appellants who denied the charges and claimed trial.