- (1.) Challenge in this appeal is to the judgment and order dated 15.10.1997 passed by Third Additional Sessions Judge, Hardoi in ST No. 273 of 1994 (State Vs. Arvind Singh and others) arising out of Crime No. 22 of 1993 under Sections 394, 397 IPC, Police Station Tandiyawan, Hardoi whereby the accused persons were found guilty and sentenced. Accused Ganga Singh, Jai Singh and Arvind Singh were sentenced for life imprisonment of seven years' rigorous imprisonment under Section 394 IPC. Accused Ganga Singh, Jai Singh and Arvind Singh were further sentenced to undergo rigorous imprisonment for seven years. By the impugned order accused Darshan Singh was not found guilty and was acquitted.
(2.) Filtering out unnecessary details the prosecution story in brief is that during the intervening night of 24/25 of January, 1993 at about 12:30 AM in the house of complainant Chinta situated in village Mardan Nagar, Police Station Tandiyawan, District Hardoi, the miscreants committed robbery. While doing dacoity they have voluntarily caused hurt to Chinta, Baijnath and Ram Prasad. At the time of committing dacoity/robbery the accused persons were armed with deadly weapons. Report of the occurrence was lodged by Chinta at Police Station Tandiyawan on 25.01.1993 at about 13:30 P.M.
(3.) In the report the informant mentioned that in the mid night the accused persons entered in his house by scaling the wall and began to loot and assault all the inhabitants. The nephew of informant namely Ram Prasad ran out of the house raising alarm at which the grand son of the informant Baij Nath, his son-in-law Rakesh armed with Lathis and torches rushed and recognized Ganga Singh, Jai Singh and Arvind Singh on spot. One of their companion could not be identified. Accused ran away with the looted property. When they were chased Ganga Singh opened fire at the approaching witnesses. The informant, his cousin Baij Nath and his nephew were injured. Utensils, clothes, ornaments and cash were taken away by the accused. On the basis of this report a case under Sections 394, 397 IPC at Case Crime No. 22 of 1993 was registered at the Police Station Tandiyawan, District Hardoi against the accused persons. Entries were made in the GD vide report No.14 at 13:30 P.M. on 25.01.1993. Investigating Officer visited the spot of occurrence and recorded the statements of witnesses. The injured were medically examined.;