Ranjana Pandya, J. - (1.) PRESENT appellants, namely, Ayodhya, Chandrika and Amerika have preferred this appeal against the Judgment and order passed by the II Additional Sessions Judge, Gonda on 11.2.1982 in S.T. No. 1981 under Section 396 I.P.C. arising out of Case Crime No. 103 of 1980 P.S. Katra Bazar, District Gonda whereby the accused appellants were found guilty under Section 396 I.P.C. and were sentenced to life imprisonment.
(2.) THE prosecution story as unfolded in the F.I.R. is that the informant Madhav Raj son of Khelawan is resident of Thakuran Purawa Karia, Mauja Gauriya, Police Station Katara Bazar, District Gonda. On the previous night, the informant, after having dinner, went to sleep with the other family members. The lantern, after lowing its light, was also kept in the house as usual. At mid -night, 7 -8 miscreants armed with country made pistols, lathis and guns climbed on the roof of the house and entered the house of the informant. They opened the main gate and all the miscreants started beating the informant and started questioning him about the whereabouts of the valuables. The father of the informant was also beaten and he was also compelled to reveal about the valuables. The informant recognized the accused appellants Ayodhya Kahar, Chandrika and Amrika in the light of the lantern and torch as these accused belonged to the same village as that of the informant. Some of the miscreants were tall and some of the miscreants were of average height. They were wearing shirt and dhoti. The informant, when he got opportunity, rushed out of the house and raised hue and cry at which Tulsi Ram, Shaukat Ali, Subarati, Nankau and many others came with torches and lathis in their hands. At this, the dacoits ran away taking the valuables. While they were firing, the father of the informant succumbed to the injuries inflicted by the miscreants. Due to fear of the miscreants, the informant could not go to the police station in the night. The report further bears the details of the valuables which were taken away by the miscreants. On the basis of the F.I.R., the constable prepared the chik report. The report was lodged at the police station on 13.8.1980 at 8.25. Investigation of the case was entrusted to S.I. Chhedi Singh P.W.9 who after collecting the papers from the police station proceeded for the spot. He prepared the inquest report on the spot and proved it as Ext. Ka -3, proved the sample of seal Ext. Ka -12, recorded the statement of Ram Lal,, Malati, Tulsi Ram, Shaukat Ali and Subarati. After that he inspected the spot, prepared the site plan proved it as Ext. Ka -12. The I.O. further collected some empty cartridges from the spot, sealed them and prepared memo and proved it as Ext. Ka -13. After that he was shown the torches of the witnesses. The torches were given in the custody of the informant and proved the memo as Ext. Ka -2. After that statements of the witnesses of the inquest were recorded. Thereafter, attempt was made to trace the accused on 14th. The statements of witness Ram Naresh and Nankau were recorded. On 18.8.1980 the investigation was transferred to Shesh Narain Shukla. This witness has further proved empty cartridges as Exts. 1 and 2. He has further proved the memo Ext. 12. Post mortem of the deceased was conducted by P.W.8 Dr. M.P. Singh on 15.8.1980. This witness found the following ante mortem injuries on the body of the deceased. "Contusion 10 cm x 6cm on lower part in front of neck extending to left side chest. On internal examination he found that the larynges and trachea were congested, rings of trachea in lower part of neck were fractured. Second and third ribs on left side of chest were fractured under the injury. Lungs were congested. Cause of death was asphyxia due to strangulation."
(3.) FURTHER on internal examination, the larynges and trachea were found congested. The rings of trachea were found broken. The third rib of the left side was found fractured. Lungs were congested. The doctor opined that the death of the deceased was due to asphyxia as a result of ante mortem strangulation. This witness proved the post mortem as Ext. Ka -8.;