KHARAG SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The then IInd Addl. Sessions Judge, Badaun in S. T. No. 111 of 1980, State v. Kharag Singh and Mahendra Singh held the accused Kharag Singh guilty on a charge under S. 392, I. P. C., read with S. 397, I. P. C. and sentenced him to undergo R. I. for a period of five years on the charge under S. 392, I. P. C. He was further sentenced to undergo R. I. for a period of 7 years on the charge under Ss. 392/397, I. P. C. Accused Mahendra Singh was simply sentenced to undergo 5 years' R. I. on the charge under S. 392, I. P. C. Both the accused have felt aggrieved and filed this appeal.

(2.) The prosecution case started on the basis of the F. I. R., Exhibit Ka 2 lodged by the complainant Sri Dular Singh, P. W. 1 at P. S. Ujhiyani, Distt. Badaun on 31-10-97 at 7.45 p.m. The incident is said to have taken place in the night of 30/31-10-79 at about 4 a.m. The distance of the police station is about 17 kms. from the place of occurrence.

(3.) It has been alleged that in the night of 30/31-10-79 around 4 a.m. the complainant was sleeping with his servant P. W. 3 Nankoo. A tube light at the top of the tube-well was burning. There was also electric bulb in side. Both of them were giving abundant light. The window was open. About four robbers appeared all of a sudden at the tubewell and started knocking the door and were asking the inmates, namely the complainant and his servant to open the same, to which they declined. Therepuon, one robber went on the roof of the tubewell and started breaking open the same and succeeded in causing a hole. They ordered the inmates to open the door otherwise they would be shot dead. Being terrified, the inmates opened the door, which enabled all the four robbers to enter the room. Amongst the robbers, Kharag Singh and Mahendra Singh, accused appellants, were known to them from before. The remaining two were also seen but they could not be identified as their names were not known. Kharag Singh had a gun and Mahendra Singh had a bag containing a pistol. Kharag Singh was threatening and pointing out his gun towards the complainant and his servant. The remainng three tied up these two inmates with the help of a bed sheet kept in the room. Thereafter all the robbers were engaged in cutting the wire of the motor of the tubewell (71/2 H. P.) brand Crompton, worth about Rs. 3,000.00 After opening the same, they opened the starter worth Rs. 100.00 also. Cotton bed sheets were also collected by the robbers and they bolted away with the booty. On cries being raised, Todi Singh, P. W. 2, Sheru Singh and others came there. Theysaw the robbers running away with the booty. Due to fear, the robbers could not be chased.3-A. On the basis of this written F. I. R., chik and G. D. entries were made by Constable Om Prakash Sharma, P. W. 4, then posted as Head Moharir at the police station at 7.45 p.m. The case was registered in the G. D. vide Exhibit Ka. 2 and Exhibit Ka 3.