- (1.) Challenge in this appeal under Section 374 Cr.P.C. is the judgment and order dated 11.08.1982, passed by Sri V.K. Jain, the then Additional District & Sessions Judge (Special Court), Etah, in Special Sessions Trial No. 19 of 1982 (State vs. Lal Singh and others), under Section 395 I.P.C., P.S. Sikanderpur Vaish, District Etah, whereby the accused appellants were convicted for the offence punishable under Section 395 I.P.C. and each were sentenced to undergo rigorous imprisonment for five years.
(2.) Facts germane to the appeal are that in the intervening night of 20/21.02.1982, the informant Raja Ram was sleeping in his house. His elder brother Nek Ram was sleeping in the adjoining house in his thatch. Other members of the family and children were also sleeping in the thatch and the "Chaupal". A lantern was lighted in the "Chaupal" and the courtyard of the house. Four miscreants climbed on the roof of the house through the mustered bags kept behind the house at abut 2 O'clock in the night. One of the miscreants entered the house and opened the latch of the door which facilitated the entrance of other miscreants in the house. Three miscreants stood at the door. They were armed with country made pistols, guns and lathi. On hearing the sound of door opening, the informant woke up and opened the door of his room. He saw that four to five miscreants had entered his house. As soon as he opened the door, the miscreants entered his room. As soon as, the miscreants entered the room of the informant, he started raising hue and cry. At this his brother Nek Ram who was sleeping in the adjoining thatch, woke up. All other members of the family also woke up and the family members who were sleeping at the "Chaupal" also raised hue and cry at which villagers came near his house. One Buddhu who was known to the informant had stayed over night at the house of the informant. All the villagers and other people set fire to the "Patel" which was lying near the Persian wheel. The miscreants who were on the roof were trying to threaten and frighten the informant and his family members. They were flashing torches and were turning their faces away from the informant and his family members. In spite of this, the informant identified Munna, Lal Singh, Nanhe, Rais on the roof. Further Mahesh, Badan Singh, Amar Singh and Jagdish standing at the door were also identified by the family members of the informant. The miscreants committed loot for about half an hour. They continuously assaulted Mahesh and Ganga Ram and were asking them about the place where the valuables were kept. The miscreants took looted property of the informant and fled away towards east firing shots. The aforesaid miscreants were identified in the flashes of torch and the fire which was set to the "Patel". Four or five miscreants could not be identified on the spot by name but who could be identified on being seen. The miscreants could not be chased since they were armed with fire arms. The informant was not on inimical terms with the miscreants. No witness is ready to depose against them. At the end of the written report, the list of looted articles was also mentioned.
(3.) The medical examination of injured Mahesh Singh was conducted on 22.02.1982 at about 09:30 A.M. and the following injuries were found on his person. His injury report has been proved as Exhibit Ka-2. (i) Abrasion 2 cm. X 1 cm. on the back of left shoulder. (ii) Abrasion 6 cm. X 0.5 cm. on the front of left chest below the clavicle. (iii) Abrasion 2 cm. X 2 cm. on the back of right upper arm upper third 8 cm. below shoulder joint. (iv) Contusion 3 cm. X 2 cm. on the front of right knee reddish blue in colour. (v) Simple first degree burn in the area of 8 cm. X 8 cm. on left armpit. The doctor has opined that all the injuries to be simple in nature, caused by some blunt object except injury no. 5 which was caused by flame. The doctor opined the duration of the injuries of about 2 days old.;