CHHEDDU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 29-8-1980 passed by Sri O.P. Garg, the then V Addl. Sessions Judge, Fatehpur in S.T. No. 19 of 1990, State v. Cheddu, whereby he convicted the accused-appellant Chheddu of the offence under Section 395, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of seven years and a fine of Rs. 2000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) The informant in this case was Shiv Bhajan (P.W.1). He had his house in village Khajuria, P.S. Jahanabad, district Fatehpur. To the east of his house, there was open land and after that open land, there was a Baithak of Gaya Prasad (P.W.4). This open land was the Sahan of these two houses. Further to the south of that Sahan, there was open land extending towards south which apparently was Rasta going towards south and from there to the east. To the north-east of the Baithak of Gaya Prasad (P.W. 4), after some distance there was house of Kher Prasad (P.W.2) which opened towards west and to the north of the house of Kher Prasad (P.W.2), there was the residential house of Gaya Prasad (P.W.4) which also opened towards west. To the east of the aforesaid Rasta and to the south-east of the Baithak of Gaya Prasad (P.W.4), there was a row of three houses running from north to south. All these three houses opened towards west on this Rasta. In the middle of this Rasta, there is house of Gopi Chand, father of Ayodhya Prasad (P.W.5). There is a house of Ayodhya Prasad situated on the south of house of Shiv Bhajan informant. This house was east faced. To the south of this house, there was an open land containing Khalihan of Gaya Prasad and others.

(3.) The prosecution story was that in the night between 3rd/ 4/05/1979 at about mid-night, a dacoity took place in village Khajuria, Police Station Jahanabad, district Fatehpur. Shiv Bhajan informant (P. W. 1) was sleeping at the Sahan to the east of the door of his house while Gaya Prasad (P. W. 4) was sleeping on another cot towards west of his Baithaka in the common Sahan. Ayodhya Prasad (P. W. 5) was sleeping in front of the western door of his house. At about mid-night, 6-7 dacoits came there armed with Tamanchas, Guns, Kulhari and torches. They caught hold of Shiv Bhajan informant (P. W. 1) and Gaya Prasad (P. W. 4) and took both of them inside the house of the informant. Inside that house a lantern was hanging and burning. The wife of Gaya Prasad (P. W. 4) raised an alarm on which witnesses, Kher Prasad (P.W. 2), Ayodhya Prasad (P. W. 5), Ram Sajiwan and others came with lathis and Dandas as well as torches, Ayodhya Prasad (P. W. 5) set fire to a heap of dry Karis of Arhar which created a flood of light. During the dacoity, the dacoits kept on coming out and going inside the house of the informant and also kept on flashing torches. The witnesses were also flashing their torches. The dacoits, besides looting the movables from the house of informant Shiv Bhajan (P. W. 1) also looted Rs. 3,400.00 from the person of Gaya Prasad (P. W. 4) who was carrying it in his pocket and also looted his torch. After committing the dacoity, the dacoits went towards south with the looted property in the rajla and from there went towards east. They were identified by the witnesses in the light of lantern, the torches of witnesses, the torches of dacoits and the light of fire resulting from burning of Arhar Karis. Out of them, Chheddu accused-appellant was known to the informant and the witnesses from before being a resident of village Dewra Buzurg, situated at a distance of about 3 kms. from village of occurrence.