Prashant Kumar, J. - (1.) Initially, this appeal filed by the four appellants namely Mewalal, Zamidar, Khushhal and Asha Ram against the judgment of conviction and order of sentence dated 30.11.1981 passed by learned II Additional Sessions Judge, Bahraich, in Sessions Trial No.259 of 1979, arising out of Case Crime No.321 of 1978, Police Station Motipur, District Bahraich under Sections 396/412 of the Indian Penal Code, whereby all the appellants were convicted for the offence under Section 396 IPC and sentenced to undergo imprisonment for life.
(2.) It appears from the record that during the pendency of present appeal, appellant nos.1 & 2 Mewalal and Zamidar respectively died. Thus the appeal filed by the aforesaid two appellants have been ordered to be abated vide orders dated 06.11.2015 and 29.02.2016 respectively. Thus, now we are concerned with the appeals filed by appellant nos. 3 and 4 namely Khushhal and Asha Ram respectively.
(3.) The prosecution case in brief is that in the night of 28.12.1978 at about 9.00 p.m. while the informant (PW-1), his father and uncle after taking their meals were sitting around the bonfire, they heard Hulla (noise) coming from the side of Lalla's house. It is stated that after hearing the Hulla, informant, his father and uncle went inside the Aangan (courtyard). At that time itself 13 to 14 dacoits entered in the Aangan and started beating informant's father Ram Lal and uncle Duji. During that period itself, the informant ran away from there and came outside the house. It is stated that the informant set fire on the hip of 'paira' (straw), kept towards the north of his house. It is stated that due to the burning of 'paira' there was sufficient light. It is also stated that PW-1 (Kalloo) was flashing a torch at the time of occurrence. It is then stated that PW-1 also raised Hulla, whereupon witnesses namely Ram Asrey, Lalla, Nathai, Swami Dayal, Maiku Lal, Ratan, Siaram, Shankar, Bechan and others reached in front of the house of informant. The informant had claimed that he identified the dacoits in the light of torch and burning of 'paira'. It is stated that after committing dacoity in the house of informant, dacoits looted property of the house of Nathai, Shatruhan, Shankar, Maiku Lal, Swami Dayal, Bhagauti, Bharosey, Brij Lal and at the Resham Kendra and then they fled away. It is stated that when all dacoits fled away, the informant went inside the house and found that his father was lying dead whereas his uncle received grievous injuries. He further came to know that the dacoits took away ornaments of his mother and sister.;