M.Chaudhary, J. - (1.) This is an appeal from the judgment and order dated 30th of October 1980 passed by II Additional sessions Judge, Aligarh in Sessions Trail No. 412 of 1977 State Vs. Genda alias Goverdhan & others convicting the accused appellants under Section 396 Indian Penal Code and sentencing each of them to undergo imprisonment for life there under and accused Sheorab Singh and Fateh Singh under Section 25 of the Arms Act also and sentencing each of them to undergo one year's rigorous imprisonment there under making both the sentences to run concurrently.
(2.) Co-accused Prahlad was not tried along with Co-accused above named as he was reported having died. Other co- accused who were tried along with the accused above named were acquitted.
(3.) Relevant facts of the case giving rise to this appeal necessary for disposal of the appeal are being recapitulated as follows: During the night between 13th and 14th of September, 1976 Pyarey Lal was sleeping in the 'baithak' of his house at village Sokhna and his sons Virendra Kumar and Suresh at the chabutra in frond of his house and his sons Virendra Kumar and Suresh at the chabutra in front of his house and other family members in separate apartments inside the house. At about 11:00 p.m. some dacoits entered the house and started plundering the goods. At that time two lanterns were lighted one in the chappar of Pyarey Lal and the other in the Verandah of the house of Keshav adjoining thereto. As the bandits started ransacking the house Smt. Reoti Devi aunt of Virendra Kumar came out of the house and informed Virendra Kumar that there were bandits inside the house. In the meanwhile one of the bandits fired with gun hitting Reoti Devi and sustaining the gunshot injuries she fell down. Immediately Virendra Kumar and his brother Suresh ran towards 'abadi' in the village. On hearing the hue and cry many of the co-villagers namely Shyam Lal, Suraj Singh, Lachchman Prasad, Chattar Singh, Mahavir Prasad and Jwala Prasad rushed to the scene of occurrence. Sujan Singh set fire to the heap of 'karab' lying on the chabutra of Gram Panchayat which emanated sufficient light. Gopal and Jwala Prasad holding licensed firearms fired shots and the bandits also fired. In the meanwhile some police personnel who were on patrol duty also reached there and fired shots. After the rapine the bandits ran away with the looted property. Somehow the co-villagers and the police personnel caught hold of four of the bandits in the millet filed of Pyarey Lal situate nearby and the remaining 5-6 succeeded in making their escape good. On being enquired four persons apprehended told their names as Sheroab Singh, Fateh Singh, Prahlad and Suraj Pal. Sheorab Singh was found in possession of a single barrel gun no. HIM 05373 and five live cartridges, and Prahlad and Fateh Singh each in possession of a countrymade pistol and four live cartridges Suraj Pal was possessed of a lathi. Virendra Kumar alongwith some of the co-villagers and the police personnel taking the four bandits apprehended and the arms and ammunition recovered from them went to the Police Station Hathras Kotwali situate at a distance of some four miles there from and lodged and FIR of the said dacoity with the police (Ext ka 1) and also handed over the four bandits apprehended and the arms and ammunition recovered from their possession to the police there.;