LALLAN (IN JAIL) Vs. STATE

JUDGEMENT

(1.) These two appeals can be disposed of together as they have arisen out of the same judgment of the Sessions Judge, Farrukhabad and relate to the same incident. Each of the three appellants have been convicted under Sec. 460 and 380, I.P.C. and sentenced to five years' rigorous imprisonment and a fine of Rs. 200.00 in default to six months' rigorous imprisonment under the former and to four years' rigorous imprisonment and a fine of Rs. 200.00 in default to six months' rigorous imprisonment under the latter. The sentences were ordered to run concurrently.

(2.) On the night of Oct. 28/29, 1965 Smt. Ram Devi, widow of Gaya Din barber, who used to live alone in a Kotha of her dilapidated house in village Maudha, police station Mohammadabad, District Farrukhabad was murdered and some articles belonging to her were removed from her house. It is alleged that three appellants entered her house, committed theft of her belongings and strangulated her to death, the actual strangulation having been done by the appellant Lallan. It is said that about 5 a.m. in the morning of Oct. 29, 1965 they were seen when they were trying run away with the stolen property. On being given a chase two of the appellants, namely, Vedpal and Ram Sanehi succeeded in escaping after leaving the stolen articles but the appellant Lallan was arrested along with the stolen articles which he was taking away. It is said that after his arrest Lallan made an extra judicial confession in which he gave out as to how all the three appellants had entered the house of Smt. Ram Devi and had stolen away her belongings. He further told the village people that he himself had strangulated Smt. Ram Devi to death when she got awake. The Pradhan Ram Autar had also arrived there at that time and the extra judicial confession was made in his presence. He went to the police station Mohammadabad which was at a distance of about three miles and lodged the report there at 10-30 a.m. The S. I. Shri Bhagwat Singh went to the place of occurrence. He sent the dead body of Smt. Ram Devi for post mortem examination. He took charge of the appellant Lallan who had been arrested. He also took in his possession the alleged stolen articles which the villagers had taken from the possession of Lallan and also those which had been left by the other two appellants, Vedpal and Ram Sanehi. After completing the investigation he challaned all the three appellants.

(3.) All the three appellants denied the allegations made against them. Lallan denied his arrest on the spot. He also denied to have made any confession. The other two assailants alleged that they have been falsely implicated at the instance of the Pradhan who is inimical to them.