JAGMOHAN Vs. STATE OF U P

JUDGEMENT

(1.) 1. This is a criminal appeal filed on behalf of the accused appellants from judgment and order dated 11th of February, 1982 passed by Assistant Sessions Judge, Hamirpur in Sessions Trial No.148 of 1979 State vs. Jagmohan & others convicting the accused appellants under section 397 IPC and sentencing each of them to seven years' rigorous imprisonment and a fine of Rs 1000.00 thereunder.

(2.) Brief facts giving rise to this appeal are that Raja Bhaiya alongwith his family resided at village Masgavan within the limits of police station Bivar, District Hamirpur. At about 7:00 p.m. on 14th of January, 1979 Raja Bhaiya alongwith his son Surendra and one Ram Sanehi and Babu Ram was warming with fire in the Barotha at his house and a glowing lantern was hanging by the wall there that some 10-12 bandits armed with firearms and lathis reached there. Some of them caught hold of Raja Bhaiya and Ram Sanehi and tied their hands with their respective safis and made them sit in Dugai. Since Ram Kali did not disclose whereabouts of the property the bandits beat her and set fire to her legs by pouring kerosene thereon. Then Ram Kali disclosed that some six hundred silver coins were embedded in the ground which were excavated.. The bandits started plundering the goods by flashing torches. Inmates of the house recognized Jagmohan, Ram Singh and Parmeshwari Dayal among the bandits in the light of glowing lantern and torches flashed by the bandits. The bandits also beat Babu Ram in order to know as to where his gun was kept in that house but he told that it was deposited at that time. On hearing the hue and cry some of the co-villagers reached there and fired shots with their respective weapons and some of the bandits also fired shots. After ransacking the house for about one and half an hour the bandits ran away with the looted ornaments, silver coins, clothes, utensils etc. The following morning Raja Bhaiya taking his injured wife Ram Kali and Babu Ram went to police station Bivar situate at a distance of eight miles from the village and lodged an FIR of the occurrence with the police there at 10:00 a.m. The police registered a case against the accused and unknown bandits under section 395 read with section 397 IPC and started the investigation.

(3.) Injured Ram Kali and Babu Ram were got medically examined at PHC Masgavan on 15th of January, 1979 at 5:00 and 5:30 p.m. respectively. Medical examination of injured Ram Kali revealed deep burn injuries on her both the legs involving lower half of both the legs and half right leg and multiple blisters present on both the legs containing fluid and skin peeled of around left ankle joint. There was smell of kerosene. The doctor opined that the burn injuries were caused by heat burn and one day old in duration.