NAWAB SINGH Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS Nawab Singh, Nathoo Singh, Hakim Singh and Ram Autar Singh have challenged the judgment and order dated 5-3-1982 of Special Judge, Budaun in S. T. No. 90 of 1980 whereby the appellants were held guilty and convicted under Section 396, IPC and sentenced to life imprisonment.

(2.) ON 23-11-1979 at about 11. 30 p. m. a dacoity was committed in the house of Sohanpal son of Ganga Singh in village Jakhupura police station Sahaswan District Budaun. In this incident his real brother Kailash and the informant himself had received serious injuries and valuable properties including ornaments, clothes, utensils and watch etc. were looted from the house. Kailash subsequently died on the account of said injuries. ON 24- 11-1979 at about 4 p. m. report of this incident was lodged at police station Sahaswan by Sohanpal Singh, P. W. 1. In this report, he named the appellants and alleged that they alongwith three unknown dacoits committed this offence. Out of the accused persons, appellant Nathoo Singh is the 'sala' of appellant Nawab Singh and is resident of village Nijampur police station Bitsi District Budaun which is 20 kilometers away from village Jakhupura. The remaining three appellants are resident of Jakhupura itself. Appellant Hakim Singh son of Collector Singh and Ram Autar son of Gajju Singh are nephews of appellant Nawab Singh. Admittedly the house of Ram Autar son of Gajju Singh is adjoining the house of Sohanpal. It is alleged that during the course of dacoity five of the dacoits made entry into the house of Sohan Pal and looted the property, remaining two, i. e. , appellant Ram Autar and Nathoo Singh were standing on the roof of the house of Gajju Singh. Ram Autar was flashing torch while Nathoo had gun in his hand who fired on the inmates of the house and particularly on the informant Sohan Pal Singh.

(3.) AT the police station a case was registered as Crime No. 215 of 1979 and investigation was taken up by S. I. Mahendra Pal Singh, P. W. 7. The informant alongwith his brother Kailash was sent for medical examination at PHC Sahaswan which was just across the road from police station. However, the Investigating Officer claimed that condition of Kailash was serious and before he departed for PHC, the Investigating Officer interrogated him Kailash had given statement to the effect that four appellants were identified by him amongst the dacoits. This statement is recorded in the case diary as statement under Section 161, Cr. P. C. and was relied upon by prosecution as dying declaration.