RAJ KUMAR KHANGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants have assailed the common judgment and order dated 19.05.2005 passed by the Special Judge (Dacoity) Jalaun at Orai in Sessions Trial No. 8 of 1998 (State Vs. Raj Kumar and others) arising out of Case Crime No. 683 of 1997 and in Sessions Trial No. 8A of 1998 (State Vs. Raj Kumar S/o Man Singh) arising out of Case Crime No. 685 of 1997 whereby all four appellants, namely, Raj Kumar Khangar, Munna, Suresh and Raj Kumar @ Pappu @ Mama have been convicted under Sections 396/397 of Indian Penal Code (in short I.P.C.) and in addition to that appellant Raj Kumar Khangar was convicted under Sec. 25 Arms Act, P.S. Jalaun, District Jalaun at Orai. The appellants were sentenced to life imprisonment under Sections 396/397/412 Penal Code and fine of Rs. 5000.00 with default stipulation. Appellant Raj Kumar Khangar was further sentenced to three years imprisonment and fine of Rs. 2000.00 for the offence under Sec. 25 Arms Act and in default of payment of fine to undergo further six months rigorous imprisonment.

(2.) Prosecution story in nutshell is that the houses of the complainant Mansharam (PW 2) and his nephew Basantlal were situated across each other in village Khauna. In the intervening night of 2/3.11.1997 Basantlal and his wife Smt. Mohini, mother Smt. Raorani, son Anil Kumar, daughter Premlata were sleeping inside their house. Complainant Mansharam, his wife Smt. Saroj and their children etc. were sleeping in their own house.

(3.) Suddenly at about 2.00 pm in the same night, Premlata daughter of Basantlal cried. Complainant Mansharam and his family members got awakened and came at the door using flashlights. In the meantime some 7-8 miscreants opened 2-3 firearm shots from the roof of Basantlal on complainant Mansharam and his family members wherein wife of complainant Smt. Saroj, son Pradeep and Sanjay, daughter-in-law Smt. Shanti Devi, cousin sister Kishori sustained injuries. Smt. Saroj, wife of complainant fell down at the door and died.