JUDGEMENT
P.N.Goel -
(1.) CHANNA resident of village Musaria and Ram Sewak resident of village Durauli Viswa have been convicted under sections 395 read with section 397 IPC to undergo RI for 9 years. Villages Musaria and Durauli are within the limits of police station Musa Nagar, district Kanpur.
(2.) THE incident of dacoity took place at about midnight between 13th and 14th September, 1978, at the house of Chhotey Lal, PW 1, and Kumbh Karan, PW 2 in village Rasulpur, police station Shognipur, district Kanpur. THE police station is 6 miles from the village of occurrence. THE bad characters who committed dacoity were 10-12 in number. THE dacoits looted the articles from inside the house of Chbotey Lal. THEy also tortured and caused injuries to Chhotey Lai, Kumb Karan, s/o Chhotey Lal, Smt. Ram Dulari and Ram Ratan, wife and son of Chhotey Lal. THEse persons were sleeping in the inner court-yard of their house. THE dacoity lasted for a little more than one hours.
On 14-9-1978 at 8.15 A. M. Chhotey Lal lodged written report at the police station. Munshi Singh, SI, PW 5, was entrusted with the investigation of the case.
On 14-9-1978 between 9.15 A.M. and 1.00 P.M. Dr. A. K. Awasthi, PW 4, examined the 4 injured persons,, On the person of Chhotey Lal, there were two lacerated wounds, one on the right clavicle and another on the right palm, one contusion, abraded contusion and some abrasions.
(3.) ON the person of Kumbh Karan there were two lacerated wounds, one on the left parietal region and another on the left thigh, two contusions and some abrasions.
On the person of Smt. Ram Dulari there were gun shot wound, a lacerated wound, a contusion, two abraded contusions and an abrasion.;
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