- (1.) In all the aforesaid appeals, the appellants have challenged the judgment and order dated 17.9.2009 passed by Addl. Sessions Judge (FTC-2), Kannauj in S.T. No. 13 of 1996, whereby each of them had been convicted for the offence punishable u/s 396 IPC and sentenced to imprisonment for life and fine of Rs. 10,000/- each.
(2.) Facts germane to the appeals are that on 15.4.1996 at about 2.30 a.m. Ram Babu s/o Sia Ram Verma, resident of village Khadini P.S. Saurikh District Farrukhabad submitted a written report stating that in the night he was sleeping along with his children on the roof of his house. His younger brothers Shyam Babu @ Chhotey and Rakesh @ Pampal with their wives were sleeping on the roof of the adjoining rooms while parents were sleeping in separate room. All of a sudden 10-12 miscreants climbed over the roof through ladder, tied his hands and brought them down through stairs. On their demand out of fear he handed over key of almirah to them. While they were taking out valuables from almirah his brother Shyam Babu and his wife Rani Devi protested but their were beaten by them with khanta. Pointed khanta was wielded on Rani Devi who died on the spot. Rakesh @ Pampal with wife Suman Devi on hearing noise arrived there and they were also beaten with iron rods. There was electric light in the house and they all recognised the miscreants as Pratap s/o Kali Charan, Ram Vilas @ Pauwa s/o Ram Charan, Mohar singh s/o Mauji Lal, Prakash s/o Soney Lal, Subhas s/o Chhotey, and Itwari s/o Gutai Kanjar, all residents of Nagaria Mahadev P.S. Saurikh and Dinesh s/o Lallu r/o Nikwa Talgram P.S. Talgram District Farrukhabad as all of them used to visit the jewellery shop of complainant for purchasing ornaments etc. and can recognize their associates. The miscreants making fires went away along with the robbed silver ornaments weighing 10 Kgs, 5 gold rings, 4 gold chains, other gold ornaments and cash of Rs. 14,500/-. It was further mentioned that the list of looted articles would be produced after his brother Shyam Babu regained consciousness. Along with injured Shyam Babu, Rakesh @ Pampal and his wife Suman Devi, the complainant went at police station and submitted written report scribed by Shivbhan Singh s/o Sahab Singh r/o village Gyaspur P.S. Saurikh District Farrukhabad. On the basis of the written report case u/s 396 IPC at crime no. 114/1996 was registered at the police station, investigation whereof was taken over by S.O. Vijay Singh. Injured Rakesh, Suman Devi and Chhotey were sent for medical examination by the police to PHC, Saurikh where they were examined by Dr. V. K. Gupta from 3 a.m. onwards. Dr. Gupta found following injuries on the person of injured: Chhotey Lal - aged 30 years - 3.00 a.m. 1.Lacerated wound over upper mid part of fore head in an area of 2.5 cm x 0.5 cm x 6.0 cm from bridge of nose. Vertically placed. Soft blood clots present around the wound. 2.Lacerated wound over anterior parietal region in an area 1.5 cm x 0.5 cm x 7.5 cm on bridge of nose. Soft blood clots present around the wound. 3.Lacerated wound over left anterior parietal region skull in an area of 2.5 cm x 0.5 cm x 8.0 cm from left side bridge of nose. Soft blood clots present around the wound. 4.Lacerated wound over right eye brow in an area of 5.5 cm x 1.0 cm just over the right eye brow muscle deep. Soft blood clots present around the wound. 5.Lacerated wound over right side cheek in an area of 2.0 cm x 0.5 cm x 0.5 cm away from bridge of nose, obliquely placed. Soft blood clots present around the wound. 6.Lacerated wound over upper part of nose in an area of 1.5 cm x 0.5 cm. 1.0 cm away from bridge of nose. Obliquely placed. Soft blood clots present around the wound. Suspected bony fracture. Advised x-ray of nose - AP and lateral view. 7.Lacerated wound over upper and inner aspect of left ear pinna in an area of 2.0 cm x 0.5 cm x 3.0 cm away and above from left ear lobe. Soft blood clots present around the wound. All injuries expect injury no. 6, according to the doctor were simple, duration was about fresh and were caused by hard and blunt object. Injury no. 6 was kept under observation and x-ray examination was advised. Rakesh Kumar aged 21 years at 3.30 a.m. 1.Lacerated wound over mid part of fore head in an area of 4.5 cm x 0.5 cm - 5.0 cm away and above from bridge of nose. Obliquely placed. Muscle deep. Soft blood clots present around the wound. 2.An incised wound over lower border of left mandible in an area of 2.0 cm x 0.5 cm x 4.0 cm away and below from left angle of mandible up to muscle deep. Soft blood clots present around the wound. According to the doctor the injuries were simple and about fresh. Injury no. 1 was caused by hard and blunt object while injury no. 2 by sharp object. Smt. Suman Kumari aged 18 years - 3.45 a.m. 1.Lacerated wound over mid part of fore head in an area of 1.5 cm x 0.5 cm x 1.5 away from bridge of nose muscle deep, obliquely placed. Soft blood clots present around the wound. 2.Lacerated wound over left posterior parietal region in an area of 3.0 cm x 0.5 x 6.0 cm away and above from left ear pinna upper margin wound up to scalp. Obliquely placed. Soft blood clots present around the wound. 3.Lacerated wound over left posterior parietal region of skull in an area of 4.5 cm x 1.0 cm x 7.5 cm away and above from left ear pinna upper margins up to scalp deep. Soft blood clots present around the wound. 4.Lacerated wound over left posterior parietal region of skull in an area of 2.0 cm x 0.5 cm x 11.0 cm above from bridge of nose. Wound up to muscle deep. Obliquely placed. Soft blood clots present around the wound. 5.An incised wound over mid parietal region of skull in an area of 4.0 cm x 0.5 cm x 12.0 cam away and above from right ear pinna upper margins wound up to muscle deep. Soft blood clots present around the wound. Obliquely placed. Margins are sharp and clean cuts. All injuries were about fresh. Injury no. 5 was caused by sharp object while rest were caused by hard and blunt object. After sending the injured to hospital, Inspector Yadav reached at the place of occurrence in the night and got the inquest upon the dead body Smt. Rani prepared through SI R. K. Kardam, who prepared the report and in sealed cover sent the dead body for autopsy. Dr. S. K. Saxena performed post-mortem examination upon the cadaver of deceased Smt. Rani on 15.4.1996 at 4.45 p. m. and found the following ante mortem injuries on her person: 1.Penetrating wound 2.5 cm x 0.5 cm x bone deep on left tragus of pinna. Margins lacerated and dilated. Ange sharp. On dissection left temporal middle fona core fractured. Brain and membrances lacerated with swelling. 2.Contusion 4 cm x 7 cm on outer surface of left shoulder In the opinion of the doctor, the 25-years' old deceased suffered death about half day before on account of shock and haemohrrage due to ante mortem injuries. The investigating officer interrogated the witnesses, prepared site plan and collected blood stained piece of brick, simple and blood stained piece of floor of roof from complainants house as 6 empty cartridges - four of 12-bore and 2-brass empties of 303 bore, sealed them in containers and prepared recovery memo. On 21.4.1996, the investigating officer arrested accused Bakhedi and Panna Lal and recovered one silver kardhani weighing 200 grams from Bakhedi and one silver shyamal 175 grams in weight from accused Panna Lal in presence of the complainant and prepared recovery memo. The investigation ended in charge sheet against accused Subhash, Itwari, Dinesh, Badkhedi, Panna, Munna, Pratap, Ram Vilas @ Pauwa, Mohar Singh and Prakash for the offences punishable u/s 396/412 IPC.
(3.) After taking cognizance, the Magistrate committed the case to the Court of Sessions. The Addl. Sessions Judge on 26.9.1996 framed charge u/s 396/412 IPC against accused Pratap, Ram Vilas, Mohar Singh, Prakash, Subhash, Itwari and Dinesh. Accused Bakhedi, Panna and Munna were also charged for the offence u/s 412 IPC. All the accused persons abjured the guilt and claimed trial.;