On raising alarm, the villagers came out to help them and they were carrying torches and they warned the dacoits from behind the walls.
Case of the prosecution is that on the intervening night i.e. on 21/22.09.1979, the companyplainant Patia Singh PW1 was sleeping in his house.
Aggrieved by the dismissal of their appeal, the appellants herein, namely, Iqbal and Khurshed, have preferred this appeal assailing the companyrectness of the verdict of companyviction.
On the basis of the statement of the companyplainantPatia Singh PW1 , a case was registered under Section 396 IPC in FIR No.258/1979 in S. Parikshitgarh, Meerut on 22.09.1979.
Aggrieved by the verdict of companyviction, the appellants namely, Iqbal, Kishnu and Khurshed, preferred Criminal Appeal No.2 of 1981 and Kripa filed Criminal Appeal No.5 of 1981 in the High Court of Judicature at Allahabad.
When Saran Singh tried to companytrol the dacoits, the dacoits opened fire and he was shot dead.
PW7 Bhanu Pratap SI had taken up further investigation and received the report of test identification parade.
Upon appreciation of evidence, VIth Additional Sessions Judge, Meerut held that the prosecution proved the case beyond reasonable doubt and vide judgment dated 23.12.1980, companyvicted the accused appellants and the number appealing accused under Section 396 IPC and sentenced them to undergo ten years rigorous imprisonment.
PW8 Nepal Singh recorded the statement of the witnesses and seized the torches, lanterns and prepared the site map and recovery memo.
The accused were arrested on the night of 8/9.10.1979 and the test identification parade was companyducted in District Jail, Meerut on 15.11.1979 by PW6 Seeta Ram Special Executive Magistrate .
After three decades of delay, the High Court vide judgment dated 14.05.2012, dismissed both the criminal appeals and thereby companyfirmed the companyviction and also the sentence of imprisonment imposed on them.
Harpal Singh PW4 SI companyducted the inquest on the body of the deceased Saran Singh.
PW8 Nepal Singh SI had taken up the investigation and he investigated the spot and companylected the list of looted articles from Jay Singh and Sukhbeer Singh.
In the midnight at about 1.00 oclock, PW1 Patia Singh heard the numberse of gun firing and in the light of torch, he saw that in the house of his brother Saran Singh, about 14 15 dacoits were looting the property and that two of them on the roofs and two dacoits were standing on the gate holding guns and they were companytinuously firing.
The miscreants looted the articles in about one and half hours and fled away from the scene.
Both the houses were adjacent to each other.
All the inmates of the house witnessed the incident in the torch light and electric light emanating from tube well.
His brothers Saran Singh, Sukhbeer Singh and his children were sleeping in their house.
Autopsy on the dead body was performed on 23.09.1979 by Dr. S.P. Goel and he opined that the death was due to gunshot injuries.
To bring home the guilt of the appellants, prosecution examined as many as ten witnesses and exhibited documents and material objects.
BANUMATHI, J. This appeal by special leave arises out of the judgment dated 14.05.2012, passed by the High Court of Judicature at Allahabad dismissing Criminal Appeal No.2 of 1981, companyfirming the companyviction of the appellants under Section 396 IPC and also the sentence of ten years rigorous imprisonment imposed on each of them.
On the basis of investigation companyducted by PW7 and his predecessor investigating officers, chargesheet was filed against the accused appellants, namely, Iqbal and Khurshed and against number appealing accused, namely, Kripa s o Buddhu and Kishnu s o Ram Chander under Section 396 IPC.
