K. S. Rakhra, J. - (1.) APPELLANTS Brajpal r/o Nagla Sumer, his son Phool Singh also of the same village within the circle of police station Baranhal, Surendra Pal r/o Antpur, Police Station, Onchha and Smt. Kamla r/o Madhupuri Police Station Onchha all residents of district Mainpuri have challenged judgment and order dated 4.8.1981 passed by VIth Addl. Sessions Judge, Mainpuri in Sessions Trial No. 391 of 1979 whereby the appellants -Brajpal and Surendra Pal have been sentenced to life imprisonment under Section 396, I.P.C. and Smt. Kamla and Phool Singh have been sentenced to four years rigorous imprisonment under Section 412, I.P.C.
(2.) THE factual matrix of the case is that a dacoity was committed in the night of 29/30.3.1976 in village Nagla Sabha of Police Station, Baranhal and houses of informant Siletey Singh, his brother Deputy Singh and Ujagar Lal etc. were looted by 12 -14 dacoits who were armed with lathis, dandas and guns. In the incident injuries were caused to Rajvir Singh, Deputy Singh, Niraj and ladies of the house including the mother of the informant. Out of them, Rajvir later died in the district hospital at Mainpuri. It is alleged that dacoits were flashing torches while moving from one place to another in search of the property as well as for guarding their companion who were busy in the loot. On alarm being raised the informant Siletey Singh who was sleeping in his chaupal rushed to his house. Other villagers including Ram Singh, Fateh Ram, Sardar Singh also arrived there with torches and their guns. Fires were exchanged between the witnesses and the dacoits. A lantern was lighting inside the house and the witnesses Ram Bilas and Ram Das also set ablaze a heap of "makreda" near the place of occurrence which made good light. In the light of all these sources, witnesses recognised Atiraj of Nagla Naretha, Shaitan Singh of village Madhupuri, Kashi Ram of village Madhupuri and Brajpal of village Nagla Sabha amongst the dacoits and the rest of the dacoits could not be recognised. The dacoity continued for 1 -1/2 hours where after the dacoits left the village with looted property. Since informant Siletey Singh, Rajvir, Deputy Singh and Neeraj were seriously injured all of them were taken to and admitted in District Hospital, Mainpuri which was about five "kose", i.e., ten miles from the village. They had left the village on a bullock cart after about 2 or 2 -1/2 hours of the incident and reached District Hospital, Mainpuri at about 7 a.m. In the hospital Rajvir died at about 4 p.m. The informant got a written report scribed from Lakhan Singh and sent the same to police station Kotwali, district Mainpuri. It was mentioned in the written report (Ex. Ka -9) that the aforesaid injured have been admitted in the hospital and details of the looted property shall be given to the police when it comes for investigation. At police station Kotwali of district Mainpuri, Sant Ram Sharma P.W. 4 was posted as Head Moharrir. He had received an information about admission of above named injured persons in the hospital and also received written report of the informant sent through Ram Bilas on the basis of which he registered a first information report at 8.10 a.m. making its entry in the General Diary at Serial No. 13, (a copy of which is Ex. Ka -2). The case was registered at police station under Section 395, I.P.C. but subsequently on account of death of Rajvir it was converted into Section 396, I.P.C., vide Entry No. 24 in General Diary of Police Station, a copy of which is Ex. Ka -3. Since the case related to the jurisdiction of police station Baranhal, all the relevant documents were later on handed over to S. I. Narendra Singh of the said police station.
(3.) NARENDRA Singh, S.I., P.W. 15 of Police Station, Baranhal on 29.3.1996 and 30.3.1996 was busy in the investigation of crime No. 45 of his police station and in that connection he was present at Nagla Manu on 30.3.1976 when at 7 a.m. near the "Madaiya" of Kallu he received information that in the preceding night a dacoity was committed in village Nagla Sabha and that injured persons have already been shifted to Mainpuri. He deputed constable Ram Singh and Sri Ram to go to village Nagla Sabha and find out whether any other injured was left there and if so, he may also be taken to medical dispensary for treatment. From Nagla Manu the Investigating Officer went to Kotwali, Hamirpur and collected necessary documents relating to the crime and commenced its investigation. He went to District Hospital, Mainpuri and there recorded the statement of Siletey Singh and witnesses Deputy Singh, Ujagar Lal, Niraj, Lakhan Singh, Ram Vilas and also collected medical reports with respect to injured persons.;