The learned Sessions Judge found that the appellant, and the others, had entered the house of Mendai with intent to companymit a robbery but were foiled in the attempt owing to Mendai and Ganga having raised a hue and cry.
The further movement of the appellant thereafter need number be recounted here.
The residents of Banni Purwa and the adjoining abadi of village Banni arrived on the scene and the appellant and his companypanions, without companylecting any booty, ran away from the house of Mendai.
Another dacoit who was identified by several witnesses as the appellant thereupon fired a pistol shot which hit Mendai and Mendai fell to the ground and was removed to the hospital where he died.
1957 AIR SC 320 The Judgment was delivered by BHAGWATI BHAGWATI, J. The appellant had been charged inter alia with having companymitted an offence under section 396, Indian Penal Code in that he on 10/11th day of September, 1954, about two or three gharis before sunrise in village Banni Purwa, hamlet of Banni, police station Kotwali, Kheri, along with other persons companymitted dacoity in the house of Mendai and that in the companymission of such dacoity, murder was companymitted by one of the members.
They were chased by Mendai and Ganga and when they were crossing the ditch of Pipra Farm, Mendai caught hold of one dacoit.
The learned Sessions Judge as also the High Court recorded companycurrent findings of fact that the appellant shot and killed Mendai to secure the release of one of his companypanions and also to ensure their safe retreat.
