M. C. Jain, J. - (1.) -All these four appeals have arisen from the judgment dated 30.1.1982 passed by the Special Judge, Budaun in S.T. No. 154 of 1979 connected with S.T. No. 439 of 1981. We propose to decide them by this common order. The accused-appellant in Criminal Appeal No. 337 of 1982 is Shiv Dan. In Criminal Appeal No. 356 of 1982 Dharmi is the accused-appellant. Trimal, Mahabir, Rameshwar and Natthu are appellants in Criminal Appeal No. 362 of 1982 and Mehdi Hasan has filed the last Criminal Appeal No. 389 of 1982. All of them have been convicted under Section 396, I.P.C. and each of them has been sentenced to undergo life imprisonment.
(2.) WE have heard Sri P. N. Misra, learned senior advocate for the appellants in Criminal Appeal No. 337 of 1982, Criminal Appeal No. 356 of 1982 and Criminal Appeal No. 362 of 1982. Sri Apul Misra was appointed amicus curiae for the accused-appellant Mehdi Hasan in Criminal Appeal No. 389 of 1982 by an order of this Court and he has also been heard. From the side of the State Sri R. K. Singh, learned A.G.A. has been heard. An armed dacoity was committed in between the night of 8/9.7.1978 at the house of Bundi P.W. 1 in Village Arthal, Police Station Rajpura, district Budaun in which his nephew Kali Charan was murdered and Ram Prasad received injuries at the hands of the desperadoes who were 12 or 13 in number. The F.I.R. was lodged by Bundi P.W. 1 at the concerned Police Station on 9.7.1978 at 7.15 a.m., naming Shiv Dan as accused therein. The facts were that in the eventful night, he was sleeping in his courtyard along with his wife. A glowing lantern was hanging there. At about midnight his wife awoke for feeding milk to her infant child. While she was feeding milk, she heard some noise from the top of her house. She awoke him, becoming suspicious. On a close and alert watch, he noticed 12-13 desperadoes. Scaling the wall, all of them reached the Courtyard. Three of them stood at the gate of his house and rest of them demanded key from his wife. When she refused, one of them slapped her and started assaulting her. Then his wife handed over the key to them. The desperadoes started looting the ornaments and valuables kept inside the house. He somehow escaped through the door and raised alarm attracting villagers. Sita Ram, Harpal, Ganeshi, Ram Prasad and others with torches in their hands came and challenged the dacoits. Two of them who were standing at the roof of the house opened fire. The village Pradhan Ram Singh returned the fire from his licensed gun. Under the force and pressure of the villagers, the dacoits after collecting movables of the house started going through the lane towards east. Ram Prasad-nephew of Bundi who was having torch in his hand challenged the dacoits. One of the dacoits opened fire. He, sustaining injury, concealed himself by the southern side. On the onward march of the dacoits, Kali Charan-second nephew of Bundi who was quite young chased and challenged them. One of them opened fire on him and he died at the spot instantly. The dacoits decamped with the movables and other valuables. Details of the property plundered by them were given in the F.I.R. It was also stated that only three of the dacoits were armed with guns and they were standing in front of the courtyard at the gate of the house. One of them was Shiv Dan who was well recognized by him, his wife and his nephew Ram Prasad. Other dacoits were very well seen who could be identified on coming face to face. On the lodging of the F.I.R., a case was registered and investigated by the Investigating Officer Man Singh Sirohi P.W. 6.
(3.) SKIPPING unnecessary details, it should be pointed out that Kali Charan aged about 20 years had received and died of gunshot injuries. One of such injuries had been sustained in the chest and the other in the right arm. The other injured Ram Prasad had also received gunshot injuries. He was subjected to medical examination on 9.7.1978 at 5.10 p.m. whereas post mortem over the dead body of the deceased Kali Charan was conducted on 10.7.1978 at 4.15 p.m. It appears that Mehdi Hasan accused-appellant in Criminal Appeal No. 389 of 1982 resident of the same village also figured during investigation in the statement of the witnesses under Section 161, Cr. P.C. It would be recalled that Shiv Dan resident of the same village was named as one of the culprits in the F.I.R. itself. Others also figured during investigation and were subjected to identification whereafter they were booked for trial.;