RAJ PATI SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANTS Raj Pati Singh, his brother Ghanshyam Singh, their cousin brother Lalji Singh and associate Shyam Badan Singh were tried by IV Additional Sessions Judge, Basti in Sessions Trial No. 66 of 1981, under section 396 IPC, who found all of them guilty and therefore convicted each of them to life imprisonment. The aforesaid conviction and sentence have been chal ­lenged in this appeal.

(2.) , According to the prosecution, a dacoity was committed in the house of first informant in the intervening night of 20/21.9.1980 at about 11.00 p.m. in village Agai Bhagar, police station Kalwari, Dis ­trict Basti. An FIR of this dacoity was lodged by Indra Sen Singh on 21.9.1980 at 7.15 a.m. in which all the four appellants were named as accused with the allegation that the appellants Raj Pati Singh, Lalji Singh, Ghanshyam Singh and Shyam Badan Singh, participated in dacoity and were armed with revolver, gun and coun -trymade pistols respectively. Informant Indra Sen Singh was sleeping in the court ­yard of the house where dacoits asked him about his father Padamnath and dictated him to get the door of the home opened. On being called by the informant his mother opened the door. All appellants along with 4 -5 of their companions made entry into the house. They were looking for informant's father Padamnath and when they could not find him in the house, they started looting property and also assaulted ladies of the house Smt. Kamla Devi, Smt. Tilka Devi and young boy Indrajeet to find out where valuable property was kept. Af ­ter committing the dacoity when they were about to depart, informant's uncle Banshi Singh obstructed them with the help of an axe in his hand. At this appellant Raj Pati Singh shot three fires from his revolver causing death of Banshi Singh on the spot and dacoits left the place of occurrence with the looted property.

(3.) THE information was registered as crime No. 116/80 and the investigation was taken up by S.I. Ram Nath P.W. 9.