KRISHNA KR.SINGH Vs. DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) BOTH the appellants, namely, Lal Singh and Tuntun Singh have been convicted under Sec.395 of the Indian Penal Code and were sentenced to undergo R.I. for 4 years.

(2.) THE prosecution case, in short, is that in the night of 21.8.1980 the informant Mukhlal Ram was sleeping at his darwaja alongwith his son, brother, nephew and also with some other persons. It has been alleged that at about 11.00 P.M. his son Jay Mangal Ram woke up to urinate and he saw accused Awadhesh Singh, Tuntun Singh alongwith another unknown persons moving on the road in front of Darwaja of informant. He informed his father about them upon this his father told him that they might be moving on the road with some other work. It has further been stated that at about 12.00 in the night Awadhesh Singh and Tuntun Singh came near alleged Mukhlal Ram and they started assaulting him with lathi. He woke up and sat there. In the meantime, about 25 persons suddenly came at his Darwaja and they started assaulting all the persons who were sleeping at the Darwaja of the house of Mukhlal Ram. They started exploding bombs there and they also started firing with gun. The informant Mukhlal sustained injury on account of explosion of bomb in his abdomen. Dewan Ram sustained a pellet injury of gun firing. It has been stated that the miscreants were having lathi, bhala. torch and gun etc. in their hands. The miscreants were also threatening the villagers not to raise bulla. It has been stated that when the inmates of house of Mukhlal Ram and the villagers tried to encounter with the dacoits. The dacoits fired with the guns and also exploded bombs to scare villagers so that nobody could dare to face the dacoits. Hearing the hulla of the dacoits, the lady inmates of the house came outside the house after opening the main gate of the house. The dacoits entered into the house from this door and they committed dacoity in the alleged house of Mukhlal Ram. It has been stated that in the light of torch the informant Mukhlal Ram identified two dacoits, namely, Awadhesh Singh and Tuntun Singh who were the residents of the same village. Jay Mangal Ram, son of the informant also identified the dacoits, namely, Lal Singh and Hare Ram Singh. It has also been stated that the dacoits used to utter the local language when they were talking themselves. They committed dacoity for about half an hour. They also assaulted his family members and they had sustained injury. Thereafter Musaphir Ram and Dewan Ram were taken to Hajipur Sadar Hospital for their treatment. The Police Officer came in the hospital and fardbeyan of Mukhlal Ram was recorded by A.S.I, in Hajipur Sadar Hospital on 22.8.80 at about 7.30 a.m. On the basis of the fardbeyan a formal F.I.R. was registered. The police started investigation and after completion of investigation charge -sheet was submitted. Accordingly, cognizance was taken and case was committed to the Court of Sessions for trial.

(3.) THE prosecution, in support of its case, examined altogether six witnesses.