- (1.) The present appeal has been preferred against the judgement and order dated 31.7.1982, passed by II Additional Sessions Judge, Basti in Sessions Trial No. 204 of 1976, Sessions Trial No. 304 of 1976 and Sessions Trial No. 19 of 1980 (State vs. Sant Ram Pandey and others), arising out of Case Crime No. 18/1976under sections 395/397 and 25 of Arms Act, Police Station Parasrampur, District Basti whereby the accused-appellants Sant Ram Pandey, Ram Lautan and Jhinkoo Lal have been convicted and sentenced to undergo 5 years R.I. Each under section 395 IPC. So far as the case of appellant no. 1 Sant Ram Pandey is concerned there is report of the Chief Judicial Magistrate, Basti mentioning that the appellant Sant Ram Pandey has died. Therefore, the case against the appellant Sant Ram Pandey stands abated.
(2.) The facts giving rise to the present appeal are that an application was moved by the complainant Badri Prasad son of Ram Sunder, resident of village Reharwa, hamlet of Basthanwa, Police Station Parasrampur, District Basti which was addressed to the Station House Officer, Parasrampur, District Basti on 29.3.1975. He states that on 19.2.1976/1.3.1976 he was sleeping in his tubewell kothri which situates at a short distance from his main door. The elder brother Ram Dayal was sleeping in the Osara and the women were sleeping inside the house and an earthen Dhibri was burning inside the house. At about 1.30 A.M. 10- 12 dacoits came to his house and started to break the door. His brother Ram Dayal and the women were beaten by the dacoits, who were armed with country made pistol, lathi, danda and axe and looted the house hold property. The complainant also got awakened by the noise of the breaking open and the alarm raised by the members of his family. When he raised alarm Gauri Shankar Singh, Murli Singh, Ram Dutt, Bhaggal, Ram Samujh, Bipat, Puddan and other persons came to his house along with their torches and lathis. Seeing the increasing number of the villagers the accused fled away with the looted properties towards north. Ram Dayal and others sustained injuries. On 1.3.1976, the complainant Badri Prasad prepared a written report and lodged the same at Police Station Parasrampur where it was entered at Check FIR No. 15 vide Exts. Ka-16. On the basis of the aforesaid report, a case was registered against the accused-appellants as Case Crime No. 15 of 1976 under sections 395/397 which was entered in GD vide report no. 7 on 1.3.1976 at about 8.10 A.M. at Police Station Parasrampur, District Basti. After the registration of the case, the injured persons were sent to district hospital Basti for medical examination.
(3.) The investigation of the case was entrusted to the Station House Officer Sri D.P. Singh, Police Station Parasrampur, basti. He inspected the place of occurrence and recorded the statement of witnesses. On 2.3.1976, the I.O. went to village Nedula where he ascertained that the broken boxes are lying by the side of Manorama river which belong to the complainant. He gave the same in the supurdagi of Badri Prasad vide Ext. Ka 29. On 4.3.1976, the I.O. received information by an informant that a person is coming from village Majhgawa side. On the pointing out of the informant the said person was waylaid and one country made pistol and the two live cartridges were recovered from the right fold of his trousers. The accused Sant Ram Pandey was taken to the Police Station Parasrampur where a case under section 25 of the Arms Act, 1959 was registered as case crime no. 18 at check FIR No. 18 on;