U.S.TRIPATHI, J. - (1.) The above two appeals have been preferred against the judgment and order dated 4-8-1980 passed by Sri Mohammad Asgar Khan, the then learned IVth Additional Sessions Judge, Etawah in Sessions Trial No. 221 of 1978 convicting both the appellants under Section 396, I.P.C. and sentencing them to undergo imprisonment for life.
(2.) The prosecution story, briefly stated, was as under :- Bhanu Prakash (P.W.1) resident of village Ghasara, P. S. Achhalda, district Etawah had his house in the said village. On the night of 5-2-1978 Bhanu Prakash (P.W.1) was sleeping on his roof (Anta) with his licensed gun and cartridges. His other family members were sleeping inside the house. At about 11 p.m. Bhanu Prakash awoke hearing noise. When he woke up he peeped from his 'Jangala ' and a shot was fired towards him. He saw 8 to 10 armed dacoits in front of his house and they were firing. He took position and started firing on dacoits. Manik Lal (P.W. 2), Gajadhar (P.W. 3), Mool Chandra and other persons of the village also came to his door with lathi, danda and torches. One Rajeshwar Dayal also brought his licensed gun. Four-five dacoits climbed on the roof of Bhanu Prakash (P.W.1). By shots fired by Bhanu Prakash one dacoit received injuries and fell down in the 'Angan' of Rajendra, adjacent to the house of Bhanu Prakash. Due to the pressure mounted by villagers, dacoits could not enter into the house of Bhanu Prakash. But they fired shots and Km. Meera daughter of Bhanu Prakash sustained injuries and died. Taking the injured dacoits, the other dacoits started running. In the way, the other villagers chased them. On it, the dacoits again started firing, which caused injuries to Atma Ram, Raja Ram and Rajeshwari. Atma Ram died on the spot. Raja Ram subsequently died in the hospital. Bhanu Prakash (P.W. 1) and other witnesses recognised the faces of dacoits in the light of torches possessed by the witnesses as well as the dacoits.
(3.) After the occurrence Bhanu Prakash (P.W.1) prepared written report (Ext. Ka-1) and lodged the same at police station Achhalda on the same night at 4 a.m. Chik F.I.R. (Ext. Ka-2) was prepared by Head Constable, Rameshwar Dayal Pathak, who made an endorsement of the same at G.D. report and registered a case under Sections 399, 402, 398, 307 and 302, I.P.C. against unknown persons.;