PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, under Section 374 (2) of the Code of Criminal Proce dure, 1973 (hereinafter referred as Cr. P. C.), has been preferred by the ap pellant against the judgment and order dated 26-04- 1984 passed by Ilnd Addl. Sessions Judge, Nainital in Sessions Trial No. 42 of 1983, State Vs. Ram Gopal @ Gopal Singh and Pritam Singh, whereby the learned II Additional Ses sions Judge convicted the appellant un der section 395 I. P. C. and has awarded a sentence for five years rigorous impris onment.

(2.) IN brief, the prosecution story is that on the intervening night of 12/13-11-1982, the complainant, his father Sri Parmanand and younger brother Madan Lal were sleeping in the house along with their families. A lantern was burning in the verandah of the house and the door in the western boundary was lying opened. The parents of the complainant Krishan Kumar, his sister Darshan Rani and Pushpa Rani W/o Madan Lal were sleeping in the verandahs of the houses. At about 11:00 p. m. , some persons re moved the wristwatch from the wrist of the Sri Parmanand - father of the com plainant and thereafter he at once got up and raised an alarm. The complain ant, who was sleeping in the kitchen, also got up on hearing the alarm and saw through the grill of the window of the kitchen that about 8 to 10 dacoits were in the verandah of the house. Out of them, two dacoits who were armed with guns went on the roof of the house through the stairs. The others, got re moved the jewelry worn by the mother and sister of the complainant and wife of Madan Lal under threat. After that, the dacoits broke the door of the room in which Madan Lal was sleeping and entered in that room. The dacoits caught Madan Lal and asked him about the whereabouts of valuables. Madan Lal raised an alarm and when he started running, one dacoit made a fire shot hitting Madan Lal and he fell down. On it, the complainant Krishan Kumar also made fire shots from his licenced gun. The dacoits started to loot the property belonging to complainant after breaking open the almirah and boxes. The ladies of the house somehow managed to run out of the house and they raised alarm in the village. Thereafter, Shanoo Ram came there and made fire shots by his licensed gun. The dacoits were making fire shots and calling loudly" (Hindi) Chaudhary Ram lit fire in the Puallying in a heap outside the boundary wall of the house towards western northern corner. The dacoits also threatened the complainant and said " (Hindi) The complainant also sustained fire injuries in this incident. The fire shot made by complainant also hit one of the dacoits, so they ran away from the northern door of the house along with looted property. Witness Chaudhary Ram, Shanoo Ram, Diwan Chandra and Babu Ram etc. came on spot and identified the dacoits in the light of burning Pual. The complainant and his family members also identified the dacoits in the light of the torches and lantern. The accused Ramggpal and Pritam Singh were among the dacoits. The injured Madan Lal and Krishna Kumar were then medically examined and Madan Lal was admitted in hospi tal. The report of the incident was then lodged at police station by Krishna Kumar which is Ex. Ka-3. On the basis of this written report, the Head Moharrir Har Pal Singh prepared a Chik Report i. e. Ex. Ka-15 and on the basis of writ ten report, G. D. report Ex. Ka-16 was then prepared by him and that G. D. re port Ex. Ka-16 were duly proved by P. W. 5, Shri Ajai Pal Singh by his state ment who is the INvestigation Officer of the case.

(3.) DR. Ashutosh Mishra, P. W. l also medically examined Krishna Kumar-P. W. 2 on 13-11-1982 at 12:30 A. M. and he found the following injuries on his body : 1. Punched out. Pallet wound. 12v2 cm below and lateral to right nipple over the chest wall. Fresh bleeding present. 2. Punched out pallet wound over the dorseum of left wrist 6cm. in front of wrist joint. Fresh bleeding present. 3. Punched out pallet wound over the lateral aspect of the middle phaling of the middle finger of left hand. Fresh bleeding present. 4. Injuries caused by pallets of gunshots. Fresh in duration. Sim ple in nature. The doctor has also proved the medical report Ex. Ka-2.