SHIV RAM Vs. THE STATE

JUDGEMENT

(1.) These are two Cr. Appeals Nos. 2684 of 1964 and 126 of 1965 arising out of the same judgment. Cr. appeal No. 2684 has been filed by Shiv Ram and Jail appeal No. 126 of 1965 by Babu Khan. Both the Appellants have been convicted Under Sec. 395 IPC sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) The prosecution case may be stated briefly. At about mid -night between June 3rd and 4th, 1964, 13 or 14 armed persons including the Appellants raided Ram Gopal's house in Nagla Maha Singh, a village of district Agra. Ram Gopal and his father Shyam Lal were sleeping in their Nohra at a distance of about 25 steps from their residential house. Ram Gopal's wife Smt. Bhagwati his grand -mother Smt. Parwati and Bhabhi Smt. Shakuntala were sleeping in the courtyard of the residential house with the main gate locked from inside. A lighted lantern was hanging from a wall in the court -yard. Two gangsters remained near the villagers sleeping on the Chabutra to force them to stay quietly in their beds. Nine of the gangsters scaled the wall of the adjoining house of Ramjilal. Three of them stayed on the complainant's roof and the rest jumped into the complainant's court -yard. The dacoits beat the ladies and forcibly snatched ornaments of their persons and also forced them to disclose the valuables in their house. They even burnt the trousers of an infant daughter of Ram Gopal and looted cash and ornaments worth Rs. 13,000/ - from the house. The ladies raised an alarm, which brought Debi Ram Gadaria and other villagers. Debi Ram informed Ram Gopal and Shyam Lal also. Ram Gopal, Shyam Lal and Prabhu and a few other villagers then stood in the lane outside Mahendra's house in the west and others assembled in front of Jyoti Pradhan's house. One of them viz. Jagannath even fired shots with his gun. The villagers saw the faces of the miscreants in the light of torches. The dacoits threatened to shoot the person, who dared approach them. They then broke open the main door of the looted house, came out into the lane, counted their companions and went away from the house with the booty. Some of them went towards the east and the others to the west. A written F.I.R. (Ex Ka 1) scribed by Prabhu Dayal was lodged at 7.15 p.m. the next day at Police station Barhan. Shiv Ram and Babu Khan Appellants were arrested from Sarain Noor Mohal village on 16 -4 -1964 by Sub -Inspector Raghubir Singh (PW 7). After test identification they were charge -sheeted.

(3.) Both of them pleaded not guilty and alleged that they had been falsely implicated out of enmity. They also stated that they had been shown to the witnesses at Etmadpur Police station. No witness was examined in defence.