Amar Saran and Vinay Kumar Mathur, JJ. - (1.) HEARD learned counsel for the appellants and learned Additional Government Advocate. A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 11.11.2010 passed by the Additional Sessions Judge/F.T.C. No. 1, Kannauj convicting and sentencing the appellants to life imprisonment under Section 412, I.P.C. in S.T. No. 11 of 1996.
(2.) IT is submitted by the learned counsel for the appellants that In the present case the appellants have been acquitted under Section 396, I.P.C. and only convicted under Section 412, I.P.C. and sentenced to imprisonment for life. It is further submitted that the appellants may not have the knowledge that the truck in which they are travelling was a looted property after commission of the offence. The contents of the F.I.R. lodged by the injured Surendra Singh cannot be read as they do not relate to the death of the injured, who died subsequently and could not be examined. There was thus no legal evidence to establish the identity of the appellants as the persons who have committed this offence. Learned A.G.A. on the other hand argued that the allegations in this case are extremely grave. The truck in which the two deceased persons Gurnam Singh and the "khalasi" and the injured Surendra Singh were travelling after loading the truck with iron pipes from Sahibabad for Kanpur was stopped at 10.30 a.m., near Dadri Kasba. Then five men and one woman took a lift in the said truck as they wanted to go to Kanpur where the truck was headed. As soon as the truck reached Chhibramau near Hanuman Temple at about 6.30 p.m., then the five accused persons made the injured and two deceased persons get down and they were taken to a mustard field where the accused persons started snatching their money. Then they fired on them with country made pistols. Gurnam Singh and the Khalasi died at the spot, but the informant Surendra Singh was only injured. The miscreants snatched Rs. 16, 500 from the injured and started running away with the truck because they thought that all the three persons had been murdered. At that time two police personnel. Chhotey Lal, P.W. 2 and Pyare Lal, P.W. 4, who were passing through that way on cycles came near the truck, who also recognized the miscreants. The injured disclosed the incident to the constables. The accused fled with the truck towards Chhibramau. The accused persons were said to be calling each other by their names.
(3.) THE police constables then took the injured persons to police station Chhibramau where the report was lodged at 8.10 p.m. on the same day, i.e., 16.12.1995. Consequent to the wireless message sent by the police station, the truck alongwith the six accused persons were apprehended at 8.45 p.m. by the police of Mohammadabad.;