KASHMIRA SINGH Vs. CROWN

JUDGEMENT

(1.) RESHAM Singh, Angrez Singh, Eashmira Singh, Eundan Singh and Shingara Singh have been convicted Under Section 325, Penal Code, in the Court of Mr. V. P. Malhotra, sec tion 30 Magistrate, Bupar, Besham Singh has been sentenced to aeren years' rigorous imprisonment, while Eashmira Singh, Eundan Singn, Shingara Singh and Angrez Singh have been sentenced to three years' rigorous imprisonment each and a fine of Rs. 600 each and in default of payment of fine to further rigorous imprisonment for one year each, Kashmira Singh, Kesham Singh and Shingara Singh have come to this Court in appeal through Mr. Daulat Bam Prem, while Kundan Singh and Angrez Singh have appealed through jail authorities.

(2.) THIS order will dispose of Criminal Ap. peals Noa. 399, 425 and 426 of 1948.

(3.) BRIEFLY the prosecution caae is that dacoity took place in the house of Inder Singh P. W. 1 in Mandi Jamal on the night between 9th and 10th February 1948. Inder Singh P. W. was sitting with his family in his kotha. His kuram Teja Singh was also sitting with him. Mt. Dyalo P. W. 4, daughter of Inder Singh, had gone out to fetch water. Suddenly, six or seven men entered the compound of the house, Inder Singh came out of his kotha to see who they were. Presently, he heard the report of a gun fire. One of the daooits caught hold of Inder Singh P. W. 1 by his keshas and injured him with his kipran. The other dacoits were armed with barahhas and guns, One of the other dacoits hit Inder Singh with a barchha. Inder Singh fell down. Mt. Gulab Kaur P. W. 2, wife of Inder Singh, also came out of the kotha and one of the dacoits forcibly took off her earrings. Presently, two of the dacoits went up the kotha. Of them one lit a torch and the other started firing indiscriminately to scare away the villagers. Some of the dacoits entered the kotha. They brought out a trunk and took it upstairs, The dacoita had chained the door of the kotha from inside and so the villagers could not come to the help of Inder Singh P. W. 1 and Mt. Dyalo P. W. 1. On the roof the dacoits sorted out their booty and got off from the roof on to a house at the back of the Icotha and then made off. The whole incident took about an hour or so,