R. N. Misra, J. - (1.) -This appeal has been preferred by the appellant State of U. P. against the judgment and order dated 21.3.1990, passed by Sri Nand Lal Saxena, the then Special Additional Sessions Judge (Dacoity Affected Area), Agra in Special Sessions Trial No. 205 of 1985, by which the respondents were acquitted of the charge under Section 396, I.P.C.
(2.) THE facts giving rise to this appeal are as under : "That the complainant-informant, Ratan Lal and the accused-respondents were residents of village Barmai, Police Station Matsaina, district Agra. In the intervening night of 27/ 28.12.1984 at about 1.00 a.m., the dacoity took place in the houses of Ram Singh, Bhogi Lal and the complainant-informant Ratan Lal. All the cash, ornaments and other house hold effects were looted from their houses. First of all, the dacoity was committed in the house of Ram Singh. THE dacoits 10 or 12 in number had fire arms, hatchet and spear in their hands. During the time of committing dacoity in the house of Ram Singh, two of the dacoits namely Balvir Singh and Umesh Chandra were identified by Ram Singh and his wife Smt. Ram Murti. Ram Singh asked Balbir why he was committing dacoity in his house being resident of same village and on this, Balbir made fire from the gun on Ram Singh, who sustained injuries and later on died. After looting the house of Ram Singh, the dacoits entered the house of Bhogi Lal and committed dacoity there. Smt. Phool Mati and Smt. Ram Beti were injured by the dacoits. After that they committed dacoity in the house of Ratan Lal also. In all the aforesaid houses, the doors were opened by the dacoits after cutting them by hatchet. To terrorize the village people, the dacoits made fire in the air also. When the dacoits left the place, Ratan Lal went to the house of Ram Singh. Some other witnesses, namely, Swami, Rameshwar, Satya Prakash and Munni Lal also reached the house of Ram Singh, who had sustained firearm injury. Ram Singh told them that Balbir had made fire on him." Ratan Lal lodged the F.I.R. Ext. Ka-1 at police station Matsaina in the same night at about 3.15 a.m. The police registered a case under Sections 395 and 397, I.P.C. against Balbir and Umesh Chandra, who were named in the F.I.R. The injured persons Smt. Rambeti, Smt. Phoolmati and Smt. Ram Murti were examined in District Hospital, Firozabad. Another injured Ram Singh was referred to Agra, where his injuries were examined and later on, he succumbed to his injuries. The dead body of Ram Singh was sent for postmortem examination and the postmortem report is Ext. Ka-16. During the investigation, the Investigating Officer collected the evidence against accused-respondents, Rajendra, Mahesh Chandra and Suresh Chandra also and some witnesses told the Investigating Officer that they were also involved in the dacoity and they identified them. When Ram Singh died, the case was converted under Section 396, I.P.C.
(3.) THE Investigating Officer visited the spot, prepared site plan, inspected the torches of witnesses, collected empty cartridge and blood stained wood of the doors. THE blood stained clothes of Ram Singh were also inspected by the Investigating Officer. THE Investigating Officer interrogated the witnesses and after completing the investigation, submitted charge-sheet Ext. Ka-11 and Ka-12 against the respondents. The accused-respondents denied the allegations levelled against them and alleged their false implications due to enmity. They were charged for the offence, punishable under Section 396, I.P.C.;