- (1.) HEARD Sri A.K.Verma and Sri G.S. Bisaria, learned Additional Government Advocates.
(2.) THIS is an appeal by the accused, Ghanshyam, son of Sri Bhimsen against the order dated 09.08.1982 passed by Ist Additional Sessions Judge, Etah. By the judgment Ghanshyam was held guilty and has been convicted under Section 395 I.P.C. read with Section 397 I.P.C. and has been sentenced to undergo 7 years' rigorous imprisonment. Brief facts of the case are that Jaswant Singh was employed as a driver in Zila Parishad, Etah. He had his residential quarter in Zila Parishad Compound, in which he lived with his wife and children. It is the case of Jaswant Singh that in the night between 15th and 16 of June, 1977 at 3.30 a.m. when he was inside the room of his quarter and his wife had come into the court-yard to take water from the pipe because their daughter was demanding water. There was light of electricity both inside the room and also in the inner court-yard. All of a sudden, three miscreants jumped into the court-yard after climbing over the boundary wall. They terrorised the lady to remain standing quiet. The miscreants entered the room of Jaswant where valuable property was also stored. Ghanshyam was holding a country-made pistol, put the pistol at his chest. In the meantime, the valuables articles were robbed at pistol point by Thakuri, who was holding Sabbal and Puttu, who was holding an iron-rod. At one point, Jaswant found an opportunity to catch hold of Ghanshyam, whose country-made pistol was snatched, grappling had started and the wife of Jaswant also entered the room raising an alarm. Thakuri and Puttu acted swiftly and caused multiple injuries to Jaswant and his wife. Both of them fell down and became unconscious. In this way, Ghanshyam was rescued by his companions. When this occurrence was going on, three more companions of the accused persons holding lathis and sticks also entered in the house. All of them went away with the stolen property.
(3.) ON the alarm of Jaswant and his wife, the neighbours had rushed for their help. Among them were Niranjan Singh, PW-1, Khetpal, PW-2, and Surajpal. The first information report was lodged in the police station Kotwali, Etah by Chaukidar of Zila Parishad, Etah at 4.30 a.m. on the same night. Jaswant and his wife had not lodged the first information report. However, they have been subjected to the medical examination. Ghanshyam appears to be neighbour of Jaswant Singh.;