KALLU Vs. STATE

JUDGEMENT

(1.) IN these two connected appeals the three Appellants have been convicted Under Section 395, IPC and sentenced to undergo rigorous imprisonment for seven years each. In addition, Appellant Bhikha has been convicted Under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year. The two sentences imposed upon Bhikha are to run concurrently.

(2.) BRIEFLY stated, the case for the prosecution is that -at about mid -night in the night between the 26th and 27th of July, 1965 there was an armed dacoity at the house of complainant Khyali (PW 2) in village Harbans Pur, PS Sikandara, district Kanpur. It is stated that the three Appellants along with two or three other culprits raided the house of Khyali (PW 2). Khyali was sleeping in a room with his nephew Devi Dayal, while his wife and another nephew of Khushali were sleeping in a room inside the house. A burning lantern was hanging inside the room in which Khushali was sleeping and another burning lantern was hanging in the room in which his wife was sleeping. The dacoits having effected entry into the house caught hold of Khyali and Devi Dayal and brought them into the court -yard. The ladies of the house were also brought in the courtyard of the house. The dacoits then started beating Khyali. Khyali raised an alarm on hearing which his relations and neighbours woke up from sleep and rushed to the scene of occurrence. The dacoits in the meantime had started looting the property. They were armed with pistols and lathis and they also carried torches with them. After committing the loot for about an hour the dacoits started running away. They fired one shot when leaving the house of Khyali and when they found that they were being chased by the villagers they fired two more shots as a result of which Buburam (PW 3), Phul Chand and Sukh Lal (PW 4) received injuries. Nevertheless, the villagers continued to chase the dacoits and the former succeeded in overpowering Appellant Bhikha and apprehending him. The rest of the dacoits made good their escape. Appellant Bhika was carrying a jhola in his hand containing a country made pistol, a torchlight, five live cartridges and two spent cartridges besides other things.

(3.) APPELLANTS Kaliu and Munna were arrested the next day (28 -7 -1965) at 3 -30 p.m. near a Canal culvert in village Dharapur by Sub Inspector Gopichand (PW 9) who brought them to the police station at Sikandara at 6.30 p.m. Both of them were lodged in the District Jail at Kanpur on 30th July. These two Appellants were put up for test identification on 9 -9 -1965 before Magistrate Chandrahas Singh (PW 12). Appellants Kallu and Munna were identified by Khushali, Khyali, Baburam, Sukhlal and Ram Swarup (PWs 1 to 5 respectively) besides four more persons who were not examined by the prosecution as witnesses in the case. Thereafter charge sheets were submitted against all the three Appellants and they were put up for trial in the court of sessions with the results already mentioned.