PATWA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Three appellants, namely, Patwa, Man Singh and Lakhan Singh were convicted under Section 397, IPC and were sentenced to RI for seven years each. The appellant Ram Murat was convicted under Section 395, IPC and was sentenced to RI for six years. These four appllants were tried with two more, namely, Ram Raj and Amar Singh. These last mentioned two accused were acquitted on benefit of doubt. The above order was passed by the IIIrd Additional Sessions Judge, Banda, on 18-12-1979 in Sessions Trial No. 236 of 1979. The four appellants, upon admission of the present appeal, were released on bail. It is not disputed that appellant Ram Murat Singh is now dead.

(2.) THE prosecution, which ended in the aforesaid conviction and sentence of the four appellants, was initiated on an FIR lodged at police station Bindawari, District Banda by one Dharampal Singh on 4-4- 1979 at 9. 30 a. m. THE alleged occurrence took place in the previous night at about 12 THE written report that was lodged at the police station was scribed by one Shiv Karan 'singh and was signed by Dharampal Singh. It was stated therein that the complainant Dharampal Singh was sleeping in his Khalihan in the previous night. His wife and other female inmates were sleeping in the house. At about mid-night five miscreants entered the house. THEy were Patwa, Man Singh, Ram Murat and one nephew of Kuber Singh. THEre was also one unknown person who could not be identified. It was stated that Patwa had a gun, Man Singh had a Tamancha, Ram Murat held a lathi and the nephew of Kuber Singh was armed with a gun. THE miscreants had "lights" with them which they were switching on and they could be seen properly in that light. THE miscreants first went to the complainant in the Khalihan, caught hold of him and took him inside the room. THEy assaulted the complainant and his mother and were asking about the valuables. THEy were often coming in and going out. In the Court yard a lantern was buring and in that light also the complainant and the inmates of the house could see and identify the miscreants. THEy took away valuables, a list which was appended to the FIR. THE complainant claimed that he would be able to identify his articles. THE complainant had also claimed that he would be able to identify the unknown person also if seen again. THE miscreants opened fire on him. An alarm raised by the inmates of the house attracted the attention of the villagers Maniya, Bandu Singh and Shri Pal Singh. THEy had also seen the miscreants and identified them in the glow of the "lights" carried by them. THE complai nant stated that he did not come to the police station in the night due to fear. According to the FIR the village of the occurrence, namely, Jauharpur was eight miles north of the police station Bandawari.