- (1.) V. K. Chaturvedi, J. Masalti has preferred this appeal against judgment and order dated 13-4-1982 passed by Special Sessions Judge, Jhansi in S. T. No. 175 of 1980 convicting the appellant under Section 396 IPC and sentencing him to undergo ten years R. I.
(2.) HEARD Sri S. P. S. Rathi holding brief of Sri A. R. B. Kher and Sri A. K. Ojha, learned Counsel for the appellant and learned A. G. A. The lower Court record was weeded out, thereafter, Counsel for the appellant was asked to supply the copy of the statement of witnesses identification memo and he filed the same. The Court was also taken certified copy of the identification memo of the appellant on record. It is contended that the appellant was put up for identification after about 57 days of his arrest and any special feature was neither given in the First Information Report nor in the statements before the Court, as such, no reliance can be placed on such identification.
(3.) THE prosecution story, in brief, is that in the night intervening 22/23 April, 1980 there was a marriage ceremony of Sukh Lal, brother of the informant, P. W. I, Moti Lal resident of village Medki in police station Mauranipur. THE complainant Moti Lal and other members of his family were sleeping. Moti Lal along with his wife was sleeping in a room of his house. His uncle Pyare Lal was in his Khaliyan near his house. It is alleged that the accuse and 6-7 other dacoits climbed the roof of the house of the complainant from its back and entered it and also opened its door from inside. Consequently 2-4 dacoits entered in the house from outside. THEy belaboured him and his wife to Court yard where the patromax was burning. THEy looted the ornaments of Smt. Girija, sister of the complainant and his Bua Smt. Shanti and those of his another sister who came from village. THEreafter, they went inside the room of his uncle Laxman whom they belaboured and whose belongings were also looted. THE accused miscreants were armed with axes, country made pistols, pharsas, lathis, bhalas and guns. THEy were also holding torches with them. THEy frequently flashed their torches. Finding an opportunity the informant's wife went out and raised alarm hearing which Hari Das, Lachhi who since died, Gore Lal grand-father of the informant and certain others came to the house of the informant. While going away with the booty, the miscreants caused pistol shot injuries to Gore Lal and flashed their torches. THE witnesses saw and recognized the accused and other associates in the light of torches as well as in the light of petromax in the course of dacoity. After the incident, the informant Moti Lal got a written report by Ramesh Prasad and took it to the police station Mauranipur Gorelal, Rajoo, Laxman, Moti Lal, Smt. Girja, Kashiram, Smt. Imalia Wali and Smt. Parvati, who received injuries in the course of dacoity, were medically examined. Their injury reports are Ext. Ka. 20 to Ka. 27. Gorelal, injured, after giving medical aid in Mauranipur hospital, was subsequently taken in the District Hospital, Jhansi where he ultimately succumbed to his injuries 4-5 days after the incident.;