- (1.) Challenge in this appeal is to the judgment and order dated 10.02.2010 passed by Sri Sham Kumar, the then Addl. Sessions Judge, Fast Track Court No.4, Fatehpur in S.T. No. 474 of 2007 (State Vs. Middu and others) arising out of Case Crime No. 81 of 1998 under sections 395, 397 IPC, P.S. Thariyaon, District Fatehpur whereby each of the appellant had been found guilty and sentenced to seven years' rigorous imprisonment under section 395 IPC and ten years' rigorous imprisonment with fine of Rs. 4000/- under section 397 IPC with default stipulation.
(2.) Shorn of details, the prosecution story is that on 19.04.1998 at 7:40 AM Ram Prasad son of Mahi Pal r/o village Sultanpur Khalsa, P.S. Thariyaon, District Fatehpur, submitted a written report to the police alleging that in the preceding night he and his family members after taking meals were sleeping. In the midnight two miscreants entered into the house of the complainant with the help of ladder and opened the door of the house from the inside and then thirteen miscreants armed with guns, hockey, danda and torch barged into the house and started asking for valuables from Shiv Mangal (brother of the complainant), nephew Ghanshyam and his grand daughter Uttara Kumari by beating them and they looted gold and silver jewelery, cash etc. from the house. On the noise of inmates of the house nobody from the village came to their rescue and after committing dacoity for about an hour, they left the village towards the eastern side making two fires. The report further stated that in the light of torch carried by the miscreants, they had seen and identified the miscreants, two of them were Kallu Loadh and Middu. The other miscreants could be identified by them who were wearing pant, Tahmad, shirt etc. and were speaking local language. On the basis of this report a case at Crime No. 81 of 1998 under sections 395, 397 IPC was registered, investigation whereof was entrusted to SI Ram Sugam. He reached at the spot, recorded statement of witnesses and prepared site plan. Injured Shiv Mangal and Ghan Shyam were examined on 19.04.1998 at 4:20 AM onwards. The doctor found following injuries on their persons:- 1. Injured Shiv Mangal, aged about 20 years, 4:20 AM. 1. Lacerated wound, 3 cm x 5 cm. into muscle deep left side of face lying transversally - just above the left ear. 2. Complain of pain in right knee. 2. Injured Ghan Shyam, aged about 30 years, 4:40 AM. 1. Lacerated wound, 4 cm x 0.5 cm. into muscle deep on right half of post-half scalp, about 9 cm above and behind the top of right ear. 2. Lacerated wound 3cm x 0.5 cm into bone deep on the left half of the forehead lying vertically upwards about 4cm above the left eye-brow. In the opinion of doctor, the injuries of the both the injured were caused by hard and blunt object, were simple in nature and fresh in duration. Injured Smt. Sushila was medically examined on 20.04.1998 by Dr. HC Srivastava in District Hospital, Fatehpur at 4:00 P.M and he found the following injuries on her person:- 1. Blue contused swelling 1.5 cm x 1.0 cm on dorsum of great toe of left foot, nail is cracked, advised X-ray. 2. Dark brown scabbed linear abrasion 1.0 cm lying on left side of nose, complain of pain back, no external injuries seen. In the opinion of doctor all the injures were caused by blunt object. Duration was about one and half to two days. Injury No. 2 was simple and injury No. 1 was kept under observation.
(3.) The names of the accused Hakim, Bhulai @ Rafiq, Ram Bhawan, Kapoor Singh were told by the witnesses including Shiv Mangal Singh on 11.5.1998 to the investigating officer in their statements u/s 161 Cr.P.C. The investigation of the police culminated into charge sheet against the accused persons.;