DUKHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellant Dukhi has been convicted of offences punishable under Section 395 read with Section 397 IPC and Section 25 of the Arms Act by the VII Additional Sessions Judge, Allahabad vide his judgment and order dated 03.11.1983 passed in Sessions Trial no.69 of 1982, State vs. Dukhi and others, under Sections 395, 397 IPC and connected Sessions Trial no.70 of 1982, State vs. Dukhi, under Section 25 of the Arms Act, both relating to Police Station Manjhanpur, District Allahabad (now Kaushambi). For the offence under Section 395 read with Section 397 IPC, the appellant has been awarded rigorous imprisonment of seven years, and, for the offence under Section 25 of the Arms Act, he has been awarded a term of one year, with a direction that all sentences shall run concurrently.

(2.) According to the prosecution, a First Information Report was lodged by one Dadu son of Ram Bhawan Nai, a native of Village Kaima, Police Station Manjhanpur, District Allahabad on 13.02.1977 at 11.15 hours against 10 nominated accused, besides another 6 - 7 unnamed, with some hints about their identity, to the effect that the informant going by his daily routine had eaten dinner and had lain down in his Chaupal. Inside home were his brother, Rup Chand, his wife and children, all retired to their respective quarters, lying down (presumably to sleep). The house was illuminated by a lantern and women folk of the house had shut doors from within. Past mid night the informant who was asleep woke up to the barking of dogs, when at the passage of a small interval, 12 - 13 men arrived at his door. It included Chhotey Lal Tamer (Lulwa), a native of the village, whose hands the informant, and, his kinsmen had chopped off 10 - 12 years ago, due to animosity. He had made life difficult for the informant and his family in the village. He was in the forefront of intruders that night. The informant further said, that he had seen and identified the man last mentioned, by the light of a lamp, that was burning in the Chaupal. The informant says that he shouted, that dacoits had come (expressed in vernacular as "cnek'k vk x;s"). The informant goes on to say that he exhorted his brother, whereupon the offenders assaulted him with sticks (Lathis), and, in the meanwhile, Chhotey Lal is said to have exhorted others, saying that he is the one who has chopped off (his) hands, kill him. And, thereupon the offenders in order to do his brother Rup Chand to death, tore the door apart and some men entered. The informant says that the assailants fell upon his brother, assaulting him with knife blows and sticks (Dandas), with an intention to do him to death. Amongst women folk, the informant's mother and his sister-in-law (brother's wife), in order to save the informant, made a human shield of themselves around him, in consequence of which some of the offenders relieved them of their ornaments, described in vernacular as Lachhe (of silver), Hansali and Jhala (of gold); one of the assailants took away a nose pin. His brothers, in order to save themselves, mounted an attack on the assailants, and, managed to catch hold of two of them. A native of the informant's village, Brij Mohan Singh, and, another, Bhola Nath Gupta, pressed their licensed guns into service, challenged the dacoits, opening fire. It is further said that the assailants in order to strike a retreat, exploded two crackers and also fired a shot. Natives of the village, Shiv Badan Singh, Anant Ram Jaiswal, Kandhai Kumhar, and, many others, arrived at the informant's place. Some natives made a fire, igniting hay, in front of the informant's house. The assailants seeing the natives grow in numbers, decamped with valuables, mentioned at the foot of the first information, taking a escape route towards Terahara.

(3.) It is said that the informant and his family had faced a murderous assault. The apprehended dacoit disclosed his name to be Dukhi son of Shahdev Dhobi, a native of Village Bhadain, Police Station Kokhraj. He had in his hand, a country-made pistol loaded with a cartridge. They said the accused also revealed that his brother, Makhan Lal, was also one of the party. He further said that he had been in association with Nanaka @ Ullauna Lavarai. He had, a few days back, gone to the place of the man last mentioned at Sanwarai. There he met Chhote Lal Tamer @ Lulwa of Kaima. Lulwa, later told him that he had to seek revenge of Dadu Nau and his brothers. They had to be done to death. He offered to pay a sum of Rs.3000/-, and, said that the rest of the recompense would come as exploits from the house of Dadu. He would not be bargaining a loss. Thereupon, Nanaka and Chote Lal scheduled an assault on the night of 12th, and, assembled all men. He revealed that along with him, drafted in the assault and loot, from his native village were his brother, Makhan Lal, another Raj Kumar Nai, Jhali Pasi, Gedaniya Pasi, Nanaka; Baba @ Sadhu of Village Sanwarai, Chhotaku Nai and Thakur, natives of Giriya, Police Station Pura Mufti, two Pasis of Shamsabad, besides 3 - 4 other men, whom Chhote Lal had brought along; one man was from Baiskanti. All of them assembled near the Tubewell of Kedar at Shamsabad, wherefrom they proceeded. It is also said in the FIR by the informant that the assailants had used torch light, and, the entire crime was pulled through on the motivation of Chhote Lal Tamer @ Lulwa, in order to seek revenge (after this much of description of the prosecution version in the First Information Report, there is a six itemed list of belongings detailed, that were allegedly looted by the assailants). The first information version before drawing to a close mentions that it was a dark night, and, because of fear and the absence of means of transport, the informant had proceeded by day light on foot to the Police Station along with the country-made pistol, the recovered cartridge and the apprehended dacoit Dukhi, brought along with the assistance of Brij Mohan Singh, Bhola Nath Gupta, and, Shiv Badan Singh, under close guard. The information closed with a request that after lodging a report, necessary action be taken. The First Information Report was scribed by Brij Mohan Singh son of Jagannath Singh, resident of Village Kaima, Police Station Manjhanpur, District Allahabad, and, was thumb marked by the informant, Dadu son of Ram Bhawan Nai, resident of Village Kaima, Police Station Manjhanpur, Allahabad.