BRIJ PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) APPELLANTS Brajpal r/o Nagla Sumer, his son Phool Singh also of the same village within the circle of police station Baranhal, Surendra Pal r/o Antpur, Police Station, Onchha and Smt. Kamla r/o Madhupuri Police Station Onchha all residents of district Mainpuri have challenged judgment and order dated 4.8.1981 passed by VIth Addl. Sessions Judge, Mainpuri in Sessions Trial No. 391 of 1979 whereby the appellants -Brajpal and Surendra Pal have been sentenced to life imprisonment under Section 396, I.P.C. and Smt. Kamla and Phool Singh have been sentenced to four years rigorous imprisonment under Section 412, I.P.C.

(2.) THE factual matrix of the case is that a dacoity was committed in the night of 29/30.3.1976 in village Nagla Sabha of Police Station, Baranhal and houses of informant Siletey Singh, his brother Deputy Singh and Ujagar Lal etc. were looted by 12 -14 dacoits who were armed with lathis, dandas and guns. In the incident injuries were caused to Rajvir Singh, Deputy Singh, Niraj and ladies of the house including the mother of the informant. Out of them, Rajvir later died in the district hospital at Mainpuri.

(3.) NARENDRA Singh, S.I., P.W. 15 of Police Station, Baranhal on 29.3.1996 and 30.3.1996 was busy in the investigation of crime No. 45 of his police station and in that connection he was present at Nagla Manu on 30.3.1976 when at 7 a.m. near the "Madaiya" of Kallu he received information that in the preceding night a dacoity was committed in village Nagla Sabha and that injured persons have already been shifted to Mainpuri. He deputed constable Ram Singh and Sri Ram to go to village Nagla Sabha and find out whether any other injured was left there and if so, he may also be taken to medical dispensary for treatment.