MAHABIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Mahabir Singh was convicted under S.302/34 IPC and 394 IPC and sentenced to undergo life imprisonment under Section 302/34 and seven years rigorous imprisonment under S.394 IPC.Both the sentences were to run concurrently.

(2.) The prosecution case is that in the night intervening 23/04/1979, 3 or 4 miscreants. variously armed with Parsa, Lathi and Ballam entered in the house of the informant Ram Narain, by scaling the adjoining house of Hazari Lal, with the help of a ladder and then climbed up the second storey roof of the informante's, with the help of some ladder and then reached the first floor of the informant house by climbing down the staircase. The informant, along with his wife Smt. Parwati Devi and children, was sleeping on the roof, infront of the verandah, where u burning lantern was defusing light. They were awakened by the sound of the foot-steps of the robbers, who approached him and demanded keys from him, by putting a pharsa on his neck. The informant handed over the keys of the rooms to them, whereupon they opened the rooms and looted property from the boxes. They then went to the ground floor, where the deceased Smt. Asharfi Devi, mother of the informant was sleeping, She raised an alarm and tried to obstruct the robbers, whereupon they assaulted her. It is alleged that on the alarm raised by the informant and other family members, several persons from the vicinity, including Babu Lal (P.W.5) and Madan Mohan (P.W. 6) arrived at the spot, took their position at vantage points and saw progress of the robbery. The robbers after assaulting the mother of the informant came out from the main door and walked away towards the east. As the robbers were total strangers, they could not be named by the witnesses. It was, however, asserted that in the light of torches, flashed by them, they had marked their features.

(3.) After the departure of the robbers the informant discovered the articles, taken away by the robbers, dictated report Ex. Ka. l, which was scribed by his nephew Madan Mohan and then proceeded along with his injured mother to P.S.Baldeo, where he lodged the report at 7. 15 A.M.The injured Smt. Asharfi was sent to Baldeo Dispensary. Her general condition was poor. She was referred to district Hospital, Mathura but before she could reach there she succumbed to her injuries and was declared dead, when she was produced before the doctor in the district Hospital at 9.00 A.M.