KISHORI Vs. STATE

JUDGEMENT

(1.) G. B. Singh, J. This is an appeal against the judgment and order dated 19-4-1982 passed by the IInd Additional Sessions Judge, Bahraich convicting the appellants under Section 395, I. P. C. and sentencing them to five years rigorous imprisonment.

(2.) THE case of the prosecution against the appellants, was that they alongwith 16 or 18 others on the night between 6/7-2-1977 at about 11. 00 p. m. committed dacoity at the houses of Amrish Kumar, Shyam Lal, Ramsukh, Rameshwar Prasad, Champa Ram and Raj Narain at village Garethi Gurudutt Singh, Police Station Hardi district Bahraich. THE dacoits were armed with lathi danda, gun and country-made pistols and were flashing electric torches. THEy first ransacked the house of Amrish Kumar informant. After committing dacoity at his house they looted property from the houses of Shyam Lal, brother of Amrish Kumar informant. THE dacoits then looted valuables from the house of Ramsukh, Champa Ram and Rameshwar who are cousins and from the house of Raj Narain who is nephew of the informant. On the alarm raised several persons of the village assembled and tried to put in resistance whereupon the dacoits fired several rounds from their fire-arms on account of which several persons received injuries. A lantern was burning inside the house of Amrish Kumar and electric torches were flashed by the rescuers. One of the rescuers set fire to Kharai kept near the house of the informant due to which sufficient light was created at the time of dacoity. THE dacoits were unknown and their faces were seen in the light of the aforesaid lantern, electric torches and the light of the flames of burning Kharai. THE dacoits after looting the valuable went away. A written report was lodged by Amrish Kumar at the Police Station Hardi on 7-2-1977 at 8-10 a. m. where upon a case under Sections 393/397,i. P. C. was Registered, Maika Chongai, Jagdeo Prasad, Lautan son of Gopali, Lautan Son of Bhadra, Paikarrna, chandrika Prasad, Jag Mohan Prasad, Ram Khelawan, Sunder Lal, Kanauji Lal, Bantey, Ranjit Ram, Ramsurniran,, Piarey Lal and Rameshwar received injuries at the time of the dacoity were medically examined and injuries were found on their person.

(3.) ON behalf of the prosecution Amrish Kumar (P. W. 1), Shyam Lal (P. W. 2), Chandrika Prasad (P W. 3) and Sunder Lal (P. W. 5) were examin ed as eye-witnesses of the occurrence. They stated about the commission of dacoity and correctly picked up the appellants at the time of their deposition. They have stated that the appellants were amongst the dacoits who committed dacoity on the relevant night. Shri A. B. Singh, Additional Executive Magistrate (P. W. 4) conducted the test identification parade H. C. Sheo Das Tiwari brought Badlu accused Baparadah from Police Station Nanpara to district Jail, Bahraich on 11- 3-1977. S. I. Paras Nath Singh (P W. 7) and Gopendra Bhushan Tripathi (P. W. 8) investigated the case. S. I. , Amar Nath Singh (P. W. 9) arrested Badlu on 10-3-1977 from his house in connec tion with some other case. He brought Badlu accused Bapardah to the Police Station Nanpara and put him in the police lock-up there. Constable Din Dayal Tewari (P. W. 10) brought Kishori appellant from Police Station Hardi to District Jail Babraich on 11-3-1977.