JWALA SINGH Vs. STATE

JUDGEMENT

(1.) JWALA Singh, Pheku Singh alias Ramsaran Singh and Hemnath Pandey have filed this appeal against the judgment and order dated 14-4-1979 of Sri J. B. Singh, 3rd Additional Sessions Judge, Mirzapur, in Sessions Trial No. 41 of 1974 convicting JWALA Singh under sections 395 and 412 IPC and sentencing him to 5 years' R. I. and 3 years' R. I. respectively and convicting Pheku Singh alias Ramsaran Singh and Hemrath Pandey under section 412 IPC and sentencing each of them to 3 years' R. I. The sentences of JWALA Singh have been directed to run concurrently.

(2.) THE prosecution case is as follows : on the night between 19th/20th August, 1971 Smt. Chandra Jyoti wife of Janardan Tewari was sleeping in her house in village Kewali, P. S. Ghorawal, district Mirzapur, along with her children. At about 2 or 2 30 A.M. some persons managed to jump in the courtyard who opened the main door of the house from inside. 12-13 dacoits who were armed then started looting the belongings of the house for an hour. On an alarm being raised by Jagrup, PW 14, Lalmani, PW 5, Mangru, PW 6, Buddhu, PW 13 and Ganga, PW 17, and other villagers came to the spot flashing their torches. However, the dacoit managed to escape with all the valuable comprising of clothes, utensils, transistor, wrist watches, shoes and cash amounting to Rs. 150/-.

(3.) THE appellants denied the charges and accordingly they were tried and were convicted and sentenced as mentioned above.