- (1.) This appeal has been preferred against joint judgment of conviction dated 27.10.2006 passed by Rajendra Kumar-II, Special Judge( D.A.A.)/ Addl. Sessions Judge, Etah in Special ST No. 112 of 2001 (State Vs. Dr. Abhay Pal Shakya & others), Special ST No. 118 of 2002 (State Vs. Sri Arvind & others), Crime NO. 22 of 1995 under section 396 IPC, police station Raja Ka Rampur, district Etah by which 8 accused persons are were convicted for charge under section 396 IPC and each were punished imprisonment for life and Rs. 10000/- as fine.
(2.) Prosecution case in brief is that on 22.3.1996 at 7.30 am Raj Ratan son of Tribhuvan Singh, R/0 Angaunapur, police station Aliganj, district Etah had given written report in police station Raja Ka Rampur with averment that his brother Ram Pal resides in Raja Ka Rampur. Dacoity was committed in the house of his brother Jagat Pal on 21/22/3/1996 about which he got information on 22.3.1996 at 6:00 am and went to his brother's house and seen dead body of his brother Jagat Pal, his mother Ram Kali, his Bhabhi Chanda Devi w/o Jagat Pal. There were marks of injuries of knife and other non-sharp edged weapon Udaiveer son of Jagat Pal, Vimla Devi wife of Udaiveer, Raj Shekhar and son in law of Rameshwar were seriously injured on the spot. When he asked Vimla Devi about the incident, he told that about 8-10 miscreants had entered the house after midnight who had injured them and committed dacoity and looted single barreled licensed gun, cartridges, ornaments and cash etc. The scribe of this written report was one Rajendra Singh, village Nagla Amri, police station Raja Ka Rampur. On the basis of this written report of Ram Ratan (which was not formally proved during trial, who was later made co-accused). Case Crime No. 22/1996 under section 396 IPC was registered and investigation started. Injured persons were sent for medical examination. Medico legal injuries report of Vimla Devi, Raj Shekhar and one unknown person Ashish S/o Uadi Vir, Neha Daughter of Udaiveer was prepared on 22.3.1996 same day in district hospital Etah. This case was investigated by several Investigating Officers. First Investigation Officer was accused Chandra Singh Gautam (PW-5) before him no witnesses are injured had named any accused during investigation. After several months of the incidents, some witnesses had named 10 persons as accused involved in the incident of dacoity and murder of this case. During investigation on the information received from witnesses then I.O. name not revealed from evidence adduced in court. Ten persons namely Dr. Abhay Pal Shakya, Top Singh, Sobran Singh, Vinod alias karua, Arvind, Gajraj, Greesh, Ram Ratan (first informant), Raiv alias Pappu and Raj Kumar alias Basanta were made accused in this case. After completion of this investigation PW-10 Inspector Naresh Chandra and, PW-9 Inspector Mahesh Chandra Sharma of CBCID had submitted charge sheet against above named 10 accused persons. It is noteworthy that I.O. of this case had not recorded that statement of witnesses in which accused were named as persons involved in the incident of this case. In this case PW-9, Inspector Mahesh Chandra Sharma, I.O. had submitted charge sheet (Ex. K-40) against accused Arvind, Gajraj, Greesh, Ram Ratan, Raj Kumar @ Basanta and Rajiv @ Pappu. After receiving the information of their surrender in the court on the basis of this charge sheet special ST No. 118 of 2002, State Vs. Arvind and others was registered. Before submission of charge sheet (Ex.K-40) formal Investigation Officer had submitted a charge sheet against Dr. Abhay Pal Shakya, Vinod alias Karua, Top Singh and Sobran Singh. On the basis of which, Special ST NO. 112 of 2001, State Vs. Dr. Abhay Pal and others was registered. It is noteworthy that when accused Sobran Singh could not be brought to court his trial was separated and was pending at the of of judgment of the trial court relating to this appeal. Accused Raj Kumar alias Basanta had died on 13.8.2005. Therefore trial abated. Those in two sessions trial mentioned above, judgment was passed against only 8 accused persons.
(3.) The accused persons had been charged by the Special Judge (DAA)/Addl. Sessions Judge, Etah for offence punishable under section 396-IPC. They denied the charges and claimed to be tried then in support of the charge prosecution side had examined PW-1 Raj Sekhker son of Jagat Pal, PW-2 Smt, Vimva Devi wife of injured Udaiveer, PW-3 Dr. KP Garg, PW-4 Dr.A.K. Saxena, PW-5 Inspector Chandrasen Gautam (I.O.), PW-6 constable Rajvir Singh, PW-7 Constable Surendra Singh, PW-8 SI RamPal Gupta, PW-9 Naresh Chandra Sharma (I.O.) and PW-10 Mahesh Chandra, I.O. Court has examined CW-1 Constable Kukar Singh for ascertaining death of accused Raj Kumar alias Basanta. These witnesses had proved documentary evidence of prosecution side.;