A.N.Dikshita - (1.) JWALA Singh, Pheku Singh alias Ramsaran Singh and Hemnath Pandey have filed this appeal against the judgment and order dated 14-4-1979 of Sri J. B. Singh, 3rd Additional Sessions Judge, Mirzapur, in Sessions Trial No. 41 of 1974 convicting JWALA Singh under sections 395 and 412 IPC and sentencing him to 5 years' R. I. and 3 years' R. I. respectively and convicting Pheku Singh alias Ramsaran Singh and Hemrath Pandey under section 412 IPC and sentencing each of them to 3 years' R. I. The sentences of JWALA Singh have been directed to run concurrently.
(2.) THE prosecution case is as follows : on the night between 19th/20th August, 1971 Smt. Chandra Jyoti wife of Janardan Tewari was sleeping in her house in village Kewali, P. S. Ghorawal, district Mirzapur, along with her children. At about 2 or 2 30 A.M. some persons managed to jump in the courtyard who opened the main door of the house from inside. 12-13 dacoits who were armed then started looting the belongings of the house for an hour. On an alarm being raised by Jagrup, PW 14, Lalmani, PW 5, Mangru, PW 6, Buddhu, PW 13 and Ganga, PW 17, and other villagers came to the spot flashing their torches. However, the dacoit managed to escape with all the valuable comprising of clothes, utensils, transistor, wrist watches, shoes and cash amounting to Rs. 150/-. A written report of the incident was lodged by Smt. Chandra Jyoti, PW 1, at P.S. Ghorawal district Mirzapur, at 9.05 P.M. on 20-8-1971. Bhola Pandit, Mahendra Pandit and Jwala Kunbi were named in the first information report. A case under sections 395/2197 IPC was registered. The investigation of the case was taken up by Gajadhar Singh, PW 19, S. O. of P. S. Ghorawal. After accomplishing the necessary formalities a chargesheet was filed.
(3.) THE appellants denied the charges and accordingly they were tried and were convicted and sentenced as mentioned above. In support of the prosecution story Smt. Chandra Jyoti, PW 1, who had lodged the first information report has supported the case as spelt out in the report. She has stated that on the day of the incident her husband Janardan Tewari, PW 4, was in Jail at Mirzapur. She has admitted that her collaterals had got him falsely implicated and arrested. She has stated that Jagrup, PW 14 and Jairam, PW 15, who were her servants were sleeping on the night of incident outside her house in the verandah. She has stated that she knew Bhola Pandit, Mahendra Pandit and Jwala who were amongst the dacoits from before as they used to visit her husband. She admits that her husband had been arrested in connection with a dacoity case. She has also admitted that in the morning around 6-7 A.M. on 20-8-1971 the had sent her son San jay Kumar to Mirzapur to meet; his father and seek his advice in regard to the dacoity that had been committed in the house. She admits that no details were given to Sanjay Kumar about the dacoity. Sanjay Kumar did not return from Mirzapur for two days but she admits that she did not enquire from him about his delayed return. When Sanjay Kumar did not return she lodged the report at 9.05 P.M. on 20-8-1971 at P.S. Ghorawal. This report was prepared by Km. Anita aged about 13 years on her dictation. She has admitted that Km. Anita is the eldest child in the family. Smt. Chandra Jyoti, PW 1, has further admitted that there is long standing enmity between her husband and one Ram Dass. It is this Ram Dass who had got her husband arrested. Brahma, Shiv Murat and Ashok are the sons of Ram Dass. Chandra Bhushan is the brother-in-law of Ashok. This witness also admits that Kanhaiya and Sant Ram are known to her.;