RAJJAN AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mohit Singh and Sri Mahendra Pratap Singh, learned counsel for the appellants, Sri Pawan Shukla, learned A.G.A. for the State and perused the record.

(2.) This Criminal Appeal has been preferred against the judgement and order dated 23.10.1982 passed by IV Additional Sessions Judge, Fatehpur in S.T. No. 604 of 1981 (State Vs. Rajjan and one another) whereby the accused appellants, Rajjan and Rambali have been convicted and sentenced under Section 396 I.P.C. with imprisonment for life each.

(3.) The prosecution case as disclosed in the F.I.R. is that on 26.05.1981, Surendra Nath Bajpayee, informant (P.W.1) was sitting on chabutra outside the house of his uncle, Beni Madhav with brother-in-law (Behnoi) Ram Bhawan in the light of laltern which was hanging outside the house at about 8.00 p.m., right then 10-15 miscreants came from the eastern side, out of whom two remained outside his house and three ascended the roof of his house, all of them were having guns, while rest of the miscreants entered from the door of house which was open and thereafter, they started looting and beating the ladies. The miscreants who were out of the house and those who were on the roof were making fires and were exhorting that if anyone came near them, he would be shot dead. All the miscreants had carried torches with them which were sometimes lighted and some times switched off. The miscreants who were out of the house and those on the roof were moving inside and outside the house and were some-times coming down and some-times ascending the roof. After having heard the sound of fire, Matadeen S/o Sudarshan (P.W.5), Ram Autar S/o Rahimal, Ram Mohan S/o Vishwanath Shukla, Lavkush S/o Chandra Bhushan Bajpai, Dulare S/o Dokhi Gurai, Shiv Narayan S/o Shiv Bhajan Bajpai, Sukhdev Prasad S/o Mathura Prasad Bajpai came there armed with 'lathi', 'danda' and having torches and Suraj Bhan and Anant Ram also came there firing with licensed guns and Lavkush set on fire 'kadiyan' which were kept outside the village. After hearing the commotion and sound of fire, the miscreants fled towards south after taking one licensed gun along with 'patta' which was kept in Northern Kothari and the articles which were kept in Southern Kothari in 'kevaria' which included 'sutia' of gold weighing five tolas, gold chain weighing two tolas 'ferwa' of gold weighing one tola, 'mohar' of gold weighing six tolas, 'kargata' of silver weighing about one kg., two bars of 'bahura' weighing three pau ( 750 grams), 'gulsan patti' of silver weighing 1 1/2 pau, one pair of bangles of silver, weighing about 1/2 pau, Rs. 45,000/- in cash. All the miscreants had covered their faces with 'safi' and because their safi was slipping while the culprits were entering and coming out several times from the house, the inmates of house (ladies etc.) and witnesses recognized one of them who had covered his face with 'safi', as Rajjan S/o Bhagwata who belonged to the same village, while rest of the miscreants/decoits were well recognized in the light of laltern and burning 'kadiyan'. All of them were of average height and were wearing kurta, bell-bottus, shirt, luga-kurta, half-pant, banyan and were speaking local dialect. His mother was beaten with 'lathi', 'danda' by them by which she was in critical condition and while she was being taken on bullock-cart for the treatment, she died on the way within one hour. Leaving the dead body in the village, he had come to lodge the report.