SAGHIR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 25-10-1982 passed by the IV additional Sessions Judge, Bijnor in consolidated sessions Trial Nos. 14 , 234 , 371 of 1980 and 12 of 1982 whereby convicting the accused-appellants Saghir, Yaqoob, Rehmu. Zameer and Qamaruddin alias Qamru for the offence under section 396 I. P. C. and sentencing each of them to rigorous imprisonment for life with fine of Rs. 3000/- with default clause. Out of the fine amount Rs. 2000/- was to be paid to the widow of the deceased Wajjid Hussain and Rs. 1000/- to injured Abid Hussain, as compensation. The accused-appellants Saghir and Qamaruddin alias Qamru having died during the pendency of appeal, the appeal stood abated against them.

(2.) BRIEFLY stated the prosecution case at the trial was that in the mid-night of september 27/28. 1979 the first informant Abid hussain (P. W. 2) along with his brother Wajjid hussain (deceased) was sleeping in the courtyard of their house situated in sehaspur Town within P. S. Seohara district Bijnor. Zahid Hussain (P. W3) son of first informant was sleeping on first floor and other family members were sleeping in the rooms on the ground floor, A lantern was burning in the courtyard. At the same time 10-15 dacoits armed with guns, and pistols came in the courtyard through western roof of their house. The first informant and his brother woke up on hearing some unusual sound. The dacoits overpowered and subjected them to assault with sticks and forced them to get the doors of the rooms of their family members opened. The first informant's brother Wajjid Hussain shouted and asked his children not to open the door. The miscreants pushed and broke open the door of the room where family members of first informant were sleeping and committed dacoity. On hearing the outcries, first informants son Zahid Hussain (P. W. 3) came down and opened the main door, raised an alarm which attracted Mohd. Kamil (P. W. 5)and Sajjid Hussain (P. W. 6) uncle and younger brother of first informant and village folk to the spot. At this a dacoit opened fire from the pistol which hit Wajjid Hussain. The shot fired from the gun by another dacoit hit Sajjid Hussain (P. W. 6 ). Wajjid Husain succumbed to the injuries. The wife of Wajjid hussain opened the door of her room on hearing the outcries. The dacoits looted goods from her room. The neighbours and village folk were constantly flashing torchlight's towards their house. Seeing the pressure mounting the dacoits opening fire decamped with looted goods towards the jungle.

(3.) THE written report (Ext. Ka3) was scribed by Abdul Wahab on the dictation of abid Hussain (P. W. 2 ). It was lodged at the police station on 28-9-1979 at 3. 30 a. m. On the basis of written report chick F. I. R. (Ext. Ka 14) was prepared and crime was registered. S. H. O. L. S. Chauhan P. S. Seohara took the responsibility to investigate the crime. He conducted the inquest on the dead body and prepared inquest memo, photolash, challan-lash and letter to C. M. O. (Exts. Ka 18, 22, 23, and 24 ).