SITA Vs. STATE OF U P

JUDGEMENT

(1.) SITA and Hira Lal appellants have filed this appeal against their conviction and sentence of 8 years R. I, recorded by Sri R. S. Misra Sessions Judge, Lalitpur by his judgment and order dated 10-3-1979 in S. T. Nos.28 and 30 of 1978.

(2.) THE case of the prosecution is that; a dacoity was committed at the house of complainant Narain Das in village Chauraoni P. S. Talbehat, District Lalitpur in the night of intervening 19/20 December, 1977 by 6 dacoits and out of them two were armed with guns. THE complainant and his family members were sleeping inside the house and a lantern was burning in the Atari of his house where the complainant was sleeping. On hearing the alarm raised by the ladies of the house aswell as the complainant's brothers, the complainant went to the roof with a torch in his hand. He found 6 dacoits and two of them were armed with guns and they were firing with the intention of scaring away the villagers and on an alarm raised by the complainant and his family members, number of villagers including Ram Dayal, Bindraban, Sukka, Gilla and Lallu were attracted to the scene of occurrence and the dacoits inflicted injuries on the inmates of the house. THE dacoits had plundered the house. THE complainant was also assaulted by the dacoits with Kulahri, when he tried to apprehend them. THE dacoits continued plundering the house for about one and half hours. THE dacoits made good their escape, with the looted properly. It was alleged that dacoits were seen in the light of lantern by the inmates of the house and the villagers who were collected near the scene of occurrence.

(3.) AFTER completing the investigation Mohd. Aslam PW 16 submitted the charge sheet against the appellants.