- (1.) ALL the five appellants have been convicted under Section 396 of I. P. C. and sentenced to imprisonment for life thereunder for committing dacoity with murder at the house of Dharam Pal Singh of village Dakauli, and at the houses of Mule Singh, Daljeet Singh, Vijay Shanker and Nanhey Singh of nearby village Ataisua, in the intervening night of June 21st and 22nd of 1979.
(2.) OUT of the five appellants, four namely, Chhedi @ Master Ram Swaroop, Brahamdeo and Babu Lal have already died during pendency of this appeal. Only Sant Kumar is surviving. It is said that on 21-6-1979 at about 8. 30 p. m. while the first informant, Dharam Pal Singh accompanied by his brother, Veer Pal Singh and the deceased Mule Singh was sitting at his door, that the five named accused-appellants alongwith 14-15 unknown dacoits reached there. It was further stated that Chhedi fired at Mule Singh. The victim and those sitting with him, started running away for their safety, but the culprits succeeded in overpowering Mule Singh in a nearby pit or pond and there they fired two shots more at him. The story went on to say that after killing Mule Singh, the dacoits committed dacoity at the house of Dharam Pal Singh. On seeing no other alternative to save his house from being looted, Dharam Pal Singh set-fire to a heap of straw (Phoos ). On realising mounting pressure of the villagers, the dacoits started decamping with the looted property, but also took with them the dead-body of Mule Singh by tying the legs and dragging the same. It was claimed that the same dacoits committed dacoity at the houses of Mule Singh, Vijay Shanker Singh and Nanhey Singh in a nearby village Ataisua. It was claimed that these five persons were identified amongst the dacoits. On F. I. R. being lodged on the next morning at 6. 50 a. m. , the police investigated into the matter. The unknown dacoits could not be located. Only the named dacoits were put on trial.
(3.) AMONGST the witnesses examined by the prosecution, Dharam Pal, Veer Pal and Nankau (P. Ws. 1, 2 and 5) respectively deposed about incident of village Dakauli in which Mule Singh was killed and house of Dharam Pal was looted. Rajole Singh (P. W. 6), son of the deceased, Mule Singh stated about the commission of the dacoity in village Ataisua. The learned Sessions fudge believed them and recorded a finding of guilt against the five named accused- appellants. Sri J. N. Chaudhary, the learned Counsel for the appellant, Sant Kumar has contended that evidence of these four witnesses of fact is not believable for the simple reason that they are highly partisan and inimical and their version of occurrence is not believable. Sri Chaudhary says that the story which P. Ws. 1, 2 and 5 have given, is totally absurd and funny and a man of ordinary prudence will not believe the same. He has also pointed out several contradictions, which according to him, are material one. Doubt has also been created about the presence of artificial light. Sri Rana M. P. Singh, the learned Counsel for the State has tried to support the conclusion drawn by the learned Sessions Judge.;