GOVIND AND OTHERS (IN JAIL) Vs. STATE

JUDGEMENT

(1.) GOVIND , Lautu, Dattey alias Sridutt, Jumman, Mahant and Prahlad Singh hive filed Criminal Appeal No. 244 of 1966 against their conviction Under Section 395 IPC by the Civil and Sessions Judge, Gonda. Each of them has been awarded seven years' rigorous imprisonment. The other appeal, namely Criminal Appeal No. 275 of 1966 has been filed by Chhotey Kumar Singh and Hanoman against their conviction on the same charge. They have also been sentenced to seven years' rigorous imprisonment each. Lautu Was also tried on the charge Under Section 412, IPC, but he was acquitted. Along witty the Appellants, one Baley was also tried on the charge of dacoity, but he was Acquitted. Since the two appeals arise out of the same trial, I propose to dispose them of by the same judgment. I have heard the Learned Counsel for the Appellants and the Assistant Government Advocate for the State.

(2.) THE case for the prosecution in short was that on the night between 13/14 -9 -1964 (at about midnight) an armed dacoity was committed at the house of one Ramjas Baniya (PW 1) of village Baheri Map. (That village was about, nine miles; from police station Chhapia). It was said that the badmashes were ten or twelve in number and possessed gun, axe, spears, lathis and torches. That night Ramjas was sleeping in his old house which was chained from inside. Immediately towards north, there was another new house. Only a small lane intervened between the two houses. In the new house Bhagwati (younger son of Ramjas) and his wife Smt. Sonapati (PW 7) were sleeping. That house was also chained from inside. Just in front of the new house towards west, there was a cattle house of Ramjas. On the roof of that house, Ramdeo PW 2 (elder son of Ramjas) and his wife Smt. Shanti Devi PW 4 were sleeping. At about midnight, the badmashes broke open the shutters of the new house with an axe and entered there. They forcibly snatched the ornaments from the person of Smt. Sonapati. Thereafter they broke open the wooden shutters of the old house with an axe. They caught hold of Ramjas and tortured him to give a clue of the property. They actually attacked him with lathis. He, however, on the pretext of easing himself managed to slip away from there. While he was running away, one of the dacoits fired at him. He got shot injuries on his back and buttocks. Ramjas went to the village and raised an alarm. His son Ramdeo and daughter -in -law Smt. Shanti Devi also got down from the roof and rushed towards the village. Smt. Shanti Devi took shelter in the house of Noor Mohammad, the village Pradhan. Ramdeo shouted for help. When the dacoits were busy ransacking the house and looting the property, Jagai PW 3 (a neighbour of Ramjas) took out bundles of sugarcane leaves from his Ghari and set fire to them. In the meantime, several villagers also collected near the house of Ramjas. Some of them possessed torches. It was said that in each of the two houses a burning lantern was kept. The badmashes fired several rounds to scare away the persons who had collected outside the house. The dacoity lasted for about an hour. Thereafter they escaped with the booty. The villagers who had collected outside the house claimed to have seen and identified the badmashes in torch and fire light. The light which was available to the inmates inside the houses was only of two lanterns. The property looted consisted of cash, clothes, ornaments and utensils etc. of the value of about Rs. 300/ - . The first information report Ext. Ka -1 was lodged by Ramjas the next day, namely, 14 -9 -1964, at 11 a.m. at police station Chhapia. (The distance of the police station from the scene of dacoity was about nine miles.) The Station Officer was not present when the report was lodged. He got information about the dacoity in village Maskinwa where he had gone in connection with the investigation of some other case. He went to Maskinwa Dispensary where he interrogated Ramjas and his son Bhagwati. Since the medical officer was not present in the hospital. Ramjas, was sent to district hospital Gonda. Thereafter, the investigating officer visited the scene of dacoity at 9 p.m. He interrogated Ramdeo, his wife Smt. Shanti Devi and Bhagwati's wife Smt. Sonapati. Ramdeo also furnished him a supplementary list of the looted property. The next day, namely, on 15 -9 -1964 he interrogated the other witnesses including Jagai P.W. 3 and prepared the site plan Ext. Ka -22. He also collected a sample of ash and pieces of broken shutter. A search was started for the culprits. After a few days, the police got the information that Chhotey Kumar Singh, Prahlad Govind, Mahantey, Jumman and others were involved in the dacoity. So, on the night of 20 -9 -1964, the police party consisting of Circle Inspector S.P. Saxena P.W. 23, Station Officer Chhapia Naseeruddin P.W. 28, Station Officers of Mankapur and Sadullanagar and some Second Officers collected at the school in village Ghari Ghat, for organising a raid in connection with the arrest of the accused. On the morning of 21 -9 -1964, the Circle Inspector and the Station Officer of police station Chhapia with some other police officers arrested Chhotey Kumar Singh in village Keshonagar Grant from his farm. (That place was situated within police circle Sadullanagar.) Chhotey Kumar Singh is the son of a Taluqedar. It is said that he was also required in some other case Under Section 394 IPC. Prahlad Singh, Hanoman Dutt and Govind were also arrested along with Chhotey Kumar Singh from the same farm. They were immediately put in Parda. It was alleged that on the information of Chhotey Kumar Singh, one gun was dug out from his another farm at Kotwa (about one mile from the farm of Keshonagar Grant). That gun related to the other case which was pending Under Section 394, IPC. The same day, Mahantey and Jumman were arrested from village Pokharayya, hamlet of Keshonagar Grant. They were also put in Parda. All the arrested persons were removed to police station Sadullanagar and were kept in the lock -up. Lautu and Dattey who were arrested on 22 - -9 - -1964 were also put in Parda and removed to police station Sadullanagar. It was said that from the possession of Lautu some looted property was also recovered. All the arrested persons were sent to Gonda jail in Parda. They were put up for identification on 8 - -10 - -1964.

(3.) AFTER completing the investigation, the charge sheet was submitted on 19 -10 -1964.