RAM DULARE Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS Ram Dulare and Jhigai have filed this appeal against the judgment and order dated 8.4.1982 passed by Sessions Judge, Mirzapur in Sessions Trial No. 167 of 1981, State v. Ram Dulare and another, convicting the appellant-Ram Dulare under Sections 302, 323/149 and 148, I.P.C. and Jhingai under Sections 302/149/323/149 and 148, I.P.C. and sentencing each of them to imprisonment for life on the Ist count, one year rigorous imprisonment under each of the IInd and IIIrd count respectively.

(2.) ON 17.4.1981 at 1.45 a.m., one Bechan resident of village Narga within the circle of police station Pannuganj, district Mirzapur lodged a report of dacoity at his house in the night of 16/17.4.1981 which is Ex. Ka-11. The narration of facts in the report were that in the preceding night at about 10 p.m., he was sleeping at his khalihan just towards south of his house. His wife, daughter-in-law and other members of the family including his son Prem Nath P.W. 7 were sleeping inside the house. At about mid night the appellants Ram Dulare and Jhigai resident of Dhewal alongwith five or six unknown dacoits came to him in khalihan. Ram Dulare and Jhigai armed with guns and their companions with lathis belaboured him. They commanded him to get the door of his house opened and to ask Prem Narain to come out. The informant under pressure gave a call on which his wife Smt. Kalawati opened the door of the house. As soon as the door was opened, appellant-Ram Dulare fired a shot towards the door causing fire arm injury to Kalawati. Culprits thereafter took to their heels but in the meantime informant's son Prem Narain and witnesses Hari Das, Bachau P.W. 8 and Ram Chandra P.W. 9 etc. had gathered on the spot. The dacoits were recognized in the moon light. ONe silver ear top of Kalawati was found missing. ON the basis of these facts, first information report was registered as Crime No. 37 under Sections 395 and 397, I.P.C. It was further alleged by informant Bechan that this dacoity was committed on account of old enmity with aforesaid persons. Kalawati later on died on 17.4.1981 at 11.50 a.m.

(3.) THE prosecution case as developed in the evidence was that after the incident the informant with the help of his son Prem Nath and witnesses laid Smt. Kalawati on a cot and they all proceeded with her to the police station. On their way a written report was scribed at village Bakwar by one Pratap Narain and on the basis of this report (Ex. Ka-10) aforesaid crime was registered and the informant and his wife were referred to Government Hospital, Mirzapur. At the hospital Kalawati died on the same day at 11.50 a.m. and injuries of Bechan P.W. 6 were examined. THE distance between village Narga and village Bakwar where the written report was scribed is about one mile.