SHIV MANGAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the impugned judgment and order dated 14.9.82 passed by VIIth Additional Sessions Judge, Mainpuri in Sessions Trial No. 497 of 1981(conected with S.T. No. 506 of 1981 State v. Shiv Mangal and Ors. convicting the appellants under Section 395 and 397 I.P.C. and sentencing them 5 years R.I. For offence under Section 395 I.P.C. Accused Shiv mangal is sentenced to undergo 7 years R.I. For offence under Section 395 read with Section 397 I.P.C. The sentences were ordered to run concurrently.

(2.) Brief facts arising out of this appeal are that on 10.8.81 at about 5 P.M. Sri Hukum Pal Singh, his brother Sri Lal Singh and village fellows Sri Raj Bahadur Singh, Tukman Singh and his relations Sri Rakshpal Singh and Raj Kumar Singh of village Simrey were returning from the cattle fair of Anna Saraya together along with the bullock which was not sold. When they reached near Garahi ahead village Baroli and were passing from the way surrounded by the grove then the accused persons Shiv Mangal, Chhotey, Asraf Lodhey, Lekhraj, Udal Lori, Ashok @ Kallu, Brahman, Kali Charan Jatav residents of Baroli, Zelaydar Lodhey of Nagla Girdhari, Jigdish of Jiwan pur, Kripal, Phool Singh, residents of Turhari, Ranjeet Lodh.i residents of Nizam pur, Chakkan Lodha resident of Santosh pur armed with rifle rifle and lathies came out the grove and surrounded them and asked to deliver the money and property. Lal Singh resisted then accused Shiv mangal fired causing him injury in the stomach. The accused persons looted Rs. 4000/- cash from Lal Singh, Rs. 1200/- from possession of Raj Bahadur Singh. They were made to sit in the grove by the dacoits. After some time Jagdish, Sarnam Singh, Harnam Singh, Dayaram and Kewal Singh residents of Husen pur came there then they were also looted the cash of Rs. 1100/- from Jagdish, Rs. 600/- from Sarnam Singh, Rs. 1850/- from Harnam Singh, Rs. 2600/- from Daya ram and Rs. 3000/- from Kewal Singh. They were also made to sit in the grove. Thereafter Ganga Singh resident of Jasrath pur passed from that way then he was also looted of his cash of Rs. 1200/-. The dacoits did wait from some time more and and when no body passed from that way, the accused persons went away towards garadi. These accused persons were known to the victims as they were residents of the neighbouring villages.

(3.) The injured Lal Singh was brought to village Rakri from where he was taken to Alipur Kehra after arranging the bullock cart. The complainant Rukum Singh got scribed a written report from Sri Raghunandan Singh at Alipur Khera and signed the same. He lodged that written report at P.S. Bhongaon the same day at 22.30 hours having taken the injured Lal Singh on tractor. The injuries of Lal Singh were medically examined at District Hospital Mainpuri on the same night on 11.8.81 at 1.45 A.M. All the accused persons were named in the F.I.R. The police after investigation sent up ten accused persons for trial for offences under Section 395 / 397 I.P.C. by filing charge sheet dated 30.8.81 and the three accused persons by police report dated 24.9.81.