RISHIPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The accused appellants Rishipal, Rambir, Mahendra and Bishambhar who were convicted by Sri S. N. Prasad the then VII Additional Sessions Judge, Bulandshahar u/S. 412, IPC and were sentenced to undergo R.I. for a period of three years and six months and to pay a fine of Rs. 100.00 each and in default of the payment of the same to further undergo R.I. for a period of two months each have come up in appeal before this Court.

(2.) The prosecution case is that on the intervening night of 13/14-6-75 at about 11-30 p.m. a dacoity was committed at the house of Sri Kishan La1 Singh, PW-1 in village Preetampur P. S. Pahasu district Bulandshahar in which cash, clothes, ornaments and utensils were looted away by the dacoits. The dacoits were armed with deadly weapons like gun and country made pistol. They during the course of dacoity caused injuries to the ladies of the house, namely Smt. Kashmiri, Raj Dulari, Smt. Shanti Devi as also the other inmates of the house, namely Vijay Pal and Veer Pal Singh. A lantern was burning in the house at the time of occurrence and the complainant and other members saw the faces of the bandits in the light of the same. FIR about the occurrence of this case was lodged by Sri Kishan Lal Singh PW-1 on 14-6-1975 at 2-30 a.m. at P. S. Pahasu which lies at a distance of about one mile from the scene of occurrence. Giriraj Singh and Rajendra Singh two bandits were named in the FIR. It was alleged in theFIR that besides these two bandits 12-13 more bandits were there. During the course of investigation 10 other bandits were arrested and were put up for identification. The prosecution claimed that appellants Rishi Pal, Rambir, Mahendra and Bishambhar were arrested by the Investigating Officer on 15-6-1975. On search of their respective houses, the following articles which were said to be the looted property were recovered from the possession of the appellants.Articles recovered from the house of Mahendra :1. One piece Bedsheet - silk2. One Silk Saree - used.

(3.) One lal Imli woolen shawl.