BHAGWAT SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) THESE are three connected appeals that arise out of the same case and can therefore, be disposed of together.

(2.) CRIMINAL Appeal No. 1788 of 1958 is on behalf of six persons Bhagwat Singh, Hari Singh, Ram Dass, Ajai Singh, Kartar Singh and Chhattar Singh. Criminal Appeal No. 1836 is on behalf of Chaoo Khan and Criminal appeal No. 114 of 1959 is a jail appeal by Mahabir. All these eight Appellants have been convicted by the Civil and Sessions Judge of Bulandshahr under Section 396, IPC and each of them has been sentenced to ten years' rigorous imprisonment. Three other persons Nanwan, Ahmad Saeed and Inder were also tried along with these Appellants. Nanwan was also convicted under Section 396, IPC and sentenced to ten years' rigorous imprisonment. He submitted a jail appeal but that appeal was dismissed. Ahmad Saeed and Inder were acquitted. Out of these Appellants Bhagwant Singh, Hari Singh and Kartar Singh also stood charged alternatively under Section 412, IPC but because they were convicted by the learned Sessions Judge under Section 396, IPC no conviction was recorded in their case in respect of the alternative charge.

(3.) AT about mid -night Nathu Mal and the persons who were sleeping with him were aroused by the movement of the dacoits and the sound of a gun fire. They found that a number of dacoits were there on the first floor. Some of the dacoits entered the Atta where Nathu Mal was sleeping and carried away the lantern which was lighted there. Nathu Mal then got up and began to flash his torch. The dacoits were armed with guns, revolvers, lathis and spears and also carried torches. A lantern was lighted in the bigger Atta also where the wife of Nathu Mal and his minor children were sleeping. The dacoits took away the ornaments of the wife of Nathu Mal and of his daughter Km. Lilawati. They looted the other valuable properties of the house. Some of the persons of the locality collected in the Chowk of the temple -Some sugar cane leaves were lying there. The heap were set ablazed and that created a flood of light. The light thus created entered the atta in which Nathu Mal was sleeping. After looting the house for about an hour the dacoits left with their body and passed through the compound of the temple, Belchand was raising an alarm from above the roof of his house. He was shot at and he died as a result of the injuries received by him. After the dacoits had departed Barkat was asked to lodge a first information report and he lodged the report at 6 a.m. on the 19th of October, 1957 A case was registered and the Station Officer Sri Ram Kripal Singh proceeded to the spot to make an investigation. He found signs of a dacoity having taken place. Twenty two discharge cartridges, one percussion cap and one lead ball which were found lying on the first floor, were recovered. A list of looted properties was given to him. The dead body of Belchand was sent for post -mortem examination the various persons, who were ultimately challaned, were arrested. Some of them were put for identification. Looted property was alleged to have been recovered from the possession of some of them. After completing the investigation two challans - -one in respect of ten persons and the other in respect of one person, were submitted. All the eleven persons were committed to the Court of Sessions to stand their trial for an offence punishable under Section 396, IPC. Four of them Inder, Bhagwat Singh, Kartar Singh and Hari Singh were also charged alternatively under Section 412, IPC.