- (1.) AN armed dacoity was committed at the house of the complainant Dhanpat Prasad PW-5 in between the night of 29/30th June, 1978 in village Taraon, P. S. Baberu, District Banda in which his father Kedar Nath was burnt and later on died. The report was lodged by Dhanpat Prasad on 30-6-1978 at 10 a. m. The distance of the police station from the place of occurrence was 8 miles. In all, six persons were named as the participants of the said dacoity, but only three, namely, Ram Autar, Bachha and Nathoo were put on trial. Out of them, Ram Autar was acquitted being given the benefit of doubt and the present two appellants were convicted under Section 396 IPC and sentenced to life imprisonment.
(2.) THE case was that the complainant had a Chakki (flour Mill) in the village aforesaid, by the side of which he had a Chakkighar. In a room thereof, Kedar deceased, Laxmi and Santosh Kumar were sleeping. At about mid-night, 8-9 bandits reached the courtyard by scaling the wall of Chakkighar. A lantern was glowing. From the courtyard the bandits entered the room and the house. THEy started searching the property and valuables and also enquired for the same from them. Two of the bandits caught hold of Kedar and assaulted him asking for the details of the money and valuables. Kedar told them that he had Rs. 1,100 in the pocket of his Kurta. THE bandits took out that money and then sprinkled kerosene on Kedar setting him a fire. He was threatened and asked about the other valuables. THE complainant Dhanpat Prasad got an opportunity and ran out of the Kotha, raising alarm on which Chedia, Ram Gulam, Budhua and Deviya rushed and challenged the dacoits. When the village people built pressure, the bandits ran away towards west, taking with them Rs. 1,100 and a tin containing 10 Kgs. of Ghee. THEy were seen in the light of the torches and glowing lantern. Six persons, as said above, were named in the FIR including the present two appellants and Ram Autar who has been acquitted by the trial Court. One of the bandits was said to be in police uniform and three were armed with rifles. The rest had guns. About unknown dacoits, it was mentioned in the FIR that they were very well seen in the light of torches and lantern. Kedar who was badly injured by burning was in precarious condition. In a cart, he was taken to the police station where his son Dhanpat Prasad PW-5 lodged the FIR getting scribed by Anirudh Singh. A case was registered and investigation taken up. Kedar injured was then sent to PHC, Baberu whereafter Dr. P. N. Dwivedi PW-7 examined him at 10. 30 a. m. on 30-6-1978. He had suffered burn injuries as well as lacerated wounds and contusion. His dying declaration was recorded by Siraj Dullah Khan, Tehsildar, Baberu PW-11 at 10. 10 a. m. on 30- 6-1978 (Ext. Ka-9 ). He was certified to be in fit mental condition to make a dying declaration by Dr. P. N. Dwivedi PW-7 who had initially examined his injuries.
(3.) HE was referred to District Hospital, Banda for admission and treatment. HE, however, died on 1-7- 1978 at 7. 35 a. m. and post- mortem over his dead-body was conducted on 1-7-1978 at 4. 45 p. m. The following ante-mortem injuries were found on his person: (1) Lacerated wound 1 cm x 1/2 cm x scalp deep on the right side of forehead 1/2 cm above lateral end of right eyebrow. (2) Contusion 5 cm x 3 cm on right side of chest below and medial to nipple. (3) Contusion 6 cm x 3 cm on left side of chest on anterior aspect 10 cm below left nipple. (4) Lacerated wound 4 cm x 1. 5 cm x bone deep on anterior lateral aspect of left leg. 9 cm above left thigh joint. (5) Lacerated wound 1 cm x 1 cm x bone deep on anterior medial aspect of right leg. (6) Contusion 8 cm x 3 cm on the right side of shoulder. Ante-mortem burnt injuries: (1) Burn of 3rd and 4th degree on right upper extremities in an area of 54 cm x 13 cm except upper part of right shoulder medial side of right upper arm and finger of right hand. (2) Burn of 3rd and 4th degree on left upper extremities in area of 60 cm x 21 cm just below left shoulder. (3) Burn of 3rd to 4th degree on anterior aspect of left side of chest and abdomen up to umbilicus on left side in area of 37 cm x 30 cm. (4) Burn of 3rd to 4th degree on posterior aspect of left shoulder and chest on posterior aspect in area of 15 cm x 10 cm.;