P.P.Gupta, J. - (1.) THIS appeal has been filed against the judgment and order dated 27-8-79 passed by II Addl. Sessions Judge Mainpuri in Sessions Trial No. 448 of 1977 connected with Sessions Trial No. 68 of 1978, State v. Ved Ram, Sessions Trial No. 98 of 1978, State v. Nanak Chandra and Sessions Trial No. 325, State v. Nathu convicting all the accused under section 396 IPC sentencing each of them to imprisonment for life. The charge against these accused persons was that they along with 8 or 10 others, in the night intervening 19/20 March, 1977, committed dacoity at the house of Dhani Ram in village Nagla Kehari, helmet Kalhore Pachan, P. S. Ghiror district Mainpuri and in the commission of the said dacoity committed the murder of Shri Krishna, Tika Ram and Raj Kumar.
(2.) BEFORE proceeding with the prosecution story, it would be appropriate to refer to a small pedegree which is as follows : Phool Singh, the common ancestor had his wife Smt. Kaushalya. He had two sons Tika Ram and Dhani Ram. Tika Ram had two sons Raj Kumar and Shri Krishna. During the commission of the dacoity all these persons namely Tika Ram, Raj Kumar and Shri Krishna was murdered. Tika Ram's wife Smt. Vedwati and Smt. Kaushalya, wife of Phool Singh were also injured. Dhani Ram PW 1, who is the real brother of Tika Ram and his wife Smt. Munni Devi also sustained injuries in the said dacoity. The prosecution case, in brief, is that Tika Ram deceased and the complainant Dhani Ram had separated but were living in different Kothas in the same house. The house of Chandra Bhan, PW 3 also lies towards south of the house of the complainant Dhani Ram. In the night of occurrence at about mid night, the complainant Dhani Ram and his wife Smt. Munni Devi were sleeping in the Dupat in front of their house underneath Chappar. His sister's daughter and young Sali Guddi were sleeping in front of Dupat. His mother Smt. Kaushalya was sleeping in Dehliz. Tika Ram was inside the Baithak. Shri Krishna and Raj Kumar, both sons of Tika Ram were sleeping underneath Neem tree in the Angan. A lighted lantern was kept hung on the Neem tree. In the mid night, 10 or 11 dacoits entered the house of the complainant and caught hold of his mother Smt. Kaushalya. On raising her alarm, her two grand sons Shri Krishna and Raj Kumar rushed to save her. They started grappling with the dacoits. The complainant, on her hue and cry was also awakened and flashed torch light. He saw his nephew Shri Krishna and Raj Kumar grappling with the miscreants. Two or three miscreants were unmasked during the struggle as their Dhatas fell down. They were identified as the accused Natou and Badri. Another miscreant, who had covered his face with Dhata was identified as Ved Ram of the complainant's village. The complainant, therefore, ran to his Angan and flashed torch light on the roof to find one dacoit posted there with a gun. He was identified as Nanak Chand who was also of the complainant's village. The complainant called Nanak Chandra by name. Immediately thereafter, Nanak Chandra fired which struck the complainant on his right foot. On receiving gun shot wound, the complainant scaled wall of the house of Chandra Bhan and took cover behind it. Although he raised an alarm but none from the village came to their rescue.
(3.) DURING the course of commission of dacoity, one Sadhu Singh informed the police at the police station Ghiror that a dacoity was being committed at the house of Tika Ram Teli. It was an oral FIR lodged by him in which he also mentioned that he had come running to the P. S. to inform the authorities. This report was scribed by Head Moharair Virendra Singh and is Ex. K.a-5. This report was lodged in the presence of Sri Bhagat Singh Sharma at 1.05 A.M. on 20-3-1977. On the basis of the above information, given at the P. S. Ghiror, the S. O. Bhagat Singh Sharma, PW 5 reached the spot where the dacoity was being committed. The dacoits fired on the police party. The police party also took position and returned the firing. Since there existed trees of Babul and Kikir and huts also, the location of the dacoits could not be ascertained and the dacoity taking advantage of the topography ran away.;