- (1.) APPELLANTS who are seven in number namely Ram Kumar(A1), Kadhera(A2), Horam(A3), Mahavir(A4) Param Singh(A5) and Kahar Singh(A6) have come up to this Court challenging their conviction recorded by IIIrd Additional Session's Judge, Bijnor in S.T. No. 64 of 1979, State versus Ram Kumar and others, convicting and sentencing them u/s 395/412 I.P.C. and sentencing them to 7 years and 3 years RI respectively, vide impugned judgment and order dated 21.6.82.Seventh appellant Ram Chandra @ Chandru (A7) has been convicted only u/s412 I.P.C. and imposed with sentence of 3 years RI, by the same impugned judgement and order.
(2.) PENDING final decision in their appeals, five appellants, Ram Kumar(A1), Horam(A3), Mahavir Singh( A4) and Param Singh(A5) and Kehar(A6) expired and, therefore, vide order dated 8.12.2011, appels of four of them,(A1),(A3),(A4), and(A5) were abated.In respect of Kehar Singh(A6), report regarding his demise was received later on as Flag F, which is perceptibly clear from the order sheet dated 5.1.2012 and, therefore, appeal of said appellant Kehar Singh(A6) is abated today. This has left this Court to consider appeals of only two appellants Kadhera(A2) and Ram Chandra @ Chandroo(A7). Unfolded prosecution allegations, as is contained in the oral FIR,Ext.Ka-4,were that on the intervening night between3/4.11.78 at 2 A.M., dacoity was committed in the house of Virendra Singh s/o of Tapraj Singh (P.W.5), in village Baldia,PS Haldaur, district Bijnor, when the house inmates were in deep slumber inside their rooms. Two electric bulbs were illuminating on the main entrance door and in the enclosed courtyard(Agan). Hearing cluttering of fallen buckets, mother of Virendra Singh woke up and under the impression, that the cattle(Buffalo) in their shed had untied themselves that she opened the door and saw seventeen or eighteen dacoits standing inside the enclosed courtyard. Three amongst them climb on the roof and three of four had blocked the main door. Mother raised hue and cry and house inmates woke up. P.W. 5 and his father Tapraj Singh(P.W.1), after unlocking main door, ran outside and raised alarm, which attracted co-villagers Rajendra Singh, Balram Singh, Mahavir Singh, Karan Singh, Om Prakash, Har Pal and many others, who rushed towards the incident house, armed with blunt object and torches. Collected villagers challenged the dacoits on which from the roof dacoits resorted to firing, as a result of which, Rajendra Singh @ Bhola sustained gun shot injuries. Peetambar Singh, informant's brother set ablaze the fodder, which was kept in the house of Girvar Singh. Next door neighbour Budh Singh also set the fodder to fire and, therefore, entire place of incident was illuminated with sufficient glow of identifiable lights. Dacoits, who were moving to and fro were identified in those lights of electric bulb, flickering of burnt fodder flames and torches. Meanwhile, two co-villagers Mahendra Singh and Shai Nath Singh arrived at the scene, armed with guns and resorted to retaliatory firing. Seeing the villagers making retaliatory fire, the dacoits retreated, from the place of the incident towards west with looted bounty of ornaments, drapers, transistor, wrist watch and cash money. Villagers chased them but because of covering gun fire, kept themselves at bay.
(3.) VIRENDRA Singh, P.W.5, went to the police station Haldaur, at a distance of one mile, along with Rajendra Singh and dictated oral FIR, Ext.Ka-4, at 3.10 A.M. which was registered as crime no. 235 under sections 395, 397 I.P.C. After registration of FIR, injured Rajendra Singh aged about 23 years, was sent for medical examination, which was conducted on 4.11.1978 at 1p.m. vide Ext. Ka-12, by Medical Officer, District Hospital, Bijnor and his injuries as is noted in his medical report are reproduced below:- Injuries: (1). Circular lacerated wound 3/10 cm x 3/10 cm x 1/2 on medial end of left eye brow. Clotted Blood seen. Injury is caused by discharge of pellet through firearm. Adv. X-ray skull. Duration about 1/2 day about." Investigation into the crime was commenced by S.O. P.S. Ahlawat, P.W.13 in whose presence FIR was registered. I.O. interrogated the informant and thereafter accompanying S.I. Jai Pal Singh and other police constables went to railway station Haldaur for apprehending the accused, sensing that they may escape from the train but with no success and, therefore, from the railway station, he proceeded towards the incident spot. In the way, while I.O., P.W.13, was passing through Bal Kishanpur crossing, he spotted six persons proceeding from Bijnor to Noor Pur. P.W.13 challenged them on which they sprinted towards Noorpur but after some chase were apprehended at the spot and they confessed their involvement in the dacoity and disclosed their names as Ram Kumar (A1), Param Singh(A5), Mahavir Singh (A4), Kehar Singh (A6) and Kadhera (A2). These arrested dacoits were searched and from their possession looted articles were recovered, therefore they were put under veils. Seizure memo Ext. Ka-5 to Ka-10, for recoveries were penned down at the spot and recovered articles were sealed. Besides looted articles, from the possession of Ram Kumar (A1), his licensee gun having an empty cartridge loaded in the barrel, from which gun powder smell was emanating, besides five live cartridges were also recovered. Site plan of the place of arrest, Ext. Ka-16 was prepared by the I.O. Thereafter, I.O., came to the incident village, conducted spot inspection and prepared site plan Ext. Ka-17. From the spot, I.O. recovered empty cartridges, two wads and some pellets and seized it vide seizure memo Ext. Ka-18.He also collected ashes of burn thatch and sealed it by preparing seizure memo Ext. Ka-19. Electric bulbs were also seized by the I.O. after preparing seizure memo Ext. Ka-20.Torches of Rajendra Singh, Balram Singh, Mahavir Singh, Karan Singh, Om Prakash and Harpal Singh were checked and seized by preparing seizure memo Ext. Ka-21, but later on it were returned to it's owners. Witnesses of the incident were interrogated and their statements were recorded. Proceeding from incident village I.O. came to village Gulria and searched the houses of accused Karan Singh, Lallu Singh and Balbir but could not find any incriminating article nor I.O. could apprehend these accused. Subsequently, I.O. came to Allehdadpur and arrested appellant Ram Chandra @ Chandroo and from him a looted transistor, material Ext. Ka-1 was recovered vide seizure memo Ext. Ka-11. Site plan of the place of arrest of Ram Chandra @ Chandroo was also sketched as Ext. Ka-22. Ram Chandra @ Chandroo was put under veil and brought to police station Naugawan and was lodged there.;