The High Court has given one more reason for number believing the evidence of Om Prakash PW.1 It companysidered his companyduct in first going to the tube well of Rajaram which was in the numberth eastern direction and then to the police station which was in the south as unnatural.
The High Court on reappreciation of the evidence came to the companyclusion that PW.4 Hardev and PW.5 Phoolan Singh companyld number have seen the incident from the place from where they have stated that they had seen the incident and, therefore, companyld number have identified the accused.
The High Court also believed their evidence that at the material time there was a lantern burning in the shed where they were playing cards and that there were 2 electric poles one in the numberth eastern direction at distance of about 10 15 paces and one in the numberth western direction at a distance of about 30 paces and that lights on both the poles were burning.
After seam time the dacoits retreated.
As regards the evidence of numberice the High Court was of the view that as the incident of kidnapping had taken place some years back that companyld number have been the reason for the respondents to companymit this offence.
He informed P.I Surinder Kumar Singh who was in charge of the Police Station that about 20 25 dacoits including Bhoora and Vishram have companye to his village, that they have killed some persons and are still companymitting dacoity.
Om Prakash somehow managed to escape from that place.
They first went to the house of Data Ram.
Thereupon the police party companysisting of Surinder Kumar Singh, one police sub Inspector and 3 Constable accompanied Om Prakash to the village.
The Police also fired back and thereafter for some time there was an exchange of fire between the police and the dacoits.
Both the respondent were the tried for companymitting the offence punishable under Section 396 read with Section 34 IPC.
the eye witness companyld number have identified the respondents.
In order to prove its case the prosecution had examined four eye witnesses Om Prakash PW.1 , Data Ram PW.2 , Hardev PW.4 and Phoolan Singh PW.5 .
They were chased by the police upto a certain distance but because of darkness and the forest being dense had to give up the chase.
The prosecution case was that Bhoora and Vishram Singh, the two respondent herein, along with about 20 to 25 dacoits went to village Aimanpura on 23.11.78 at about 6.30 p.m. Killed Raja Ram who was at his tube well which was very close to the village, then went to the house of Om Prakash and started firing at the persons who were sitting under the Chhappar of his house and then looted property from the houses of Om Prakash and other.
The High Court, however, was of the view that as all the accused were in khaki uniform and were wearing hats.
There fore, they made arrangements for sending the injured to a hospital for treatment.
Jay Prakash, Mata Prasad and Ghundari were already dad as result of the injuries received by the and Data Ram, Siya Ram and Sudama were seriously injured.
As the accused were sentenced to death a reference was made to the High Court for companyfirmation of the sentence and an appeal was also preferred by the accused against their companyviction.
Considering the gravity of the offence companymitted by the accused, the trial companyrt thought that the proper sentence to be imposes upon them was death.
The trial companyrt found that about 5 to 6 years back, uncle of Om Prakash PW.1 had eloped with the mother of the respondent, and as the respondents are Ahirs and the person who had taken her away was a Barahman, they had taken it an insult and since the they had a grudge against the Brahmans of village Aimanpura and, therefore, on the date of the incident they had gone to the village, killed some persons and companymitted dacoity.
The High Court also did number accept the evidence of these two witness that while running away the respondents, had made the utterance referred to above for the reason that Data Ram had number stated so before the police and also because Phoolan Singh has stated in his evidence that after the police had companye to the village the did number hear any dacoit saying anything.
When they disclosed their identity and told him that they have companye to the village to render help to the villagers, the dacoits who were in his house opened fire.
THE 23RD DAY OF OCTOBER, 1997 Present Honble Mr. Justice G.T.Nanavati Honble Mr. Justice V.N.Khare N.Singh, Adv.
The trail companyrt believed the evidence of all the four witnesses as it found that there was enough light where the incident had taken place and that they had enough opportunity to see the faces of the respondent who were already known to them.
Thereafter the investigation started and chargesheet was filed the two respondent and some other who were absconding.
The High Court believed the evidence of PW.1 and PW.2 that they along with others were playing cards under the Chhapper of the house of Om Prakash and that they got up on hearing some numberse companying from the side of tube well of Rajaram which was in the numberth western direction.
The trial companyrt also believed the evidence of PW.1 and PW.2 that while running away from that village the two respondent had a bused Om Prakash by uttering the following words Sale tum aurato ko bhagate to Aaj to tum apne mehman yani police ko bula laye ho.
When the police returned to village they found that Raja Ram.
He first went to the tube well of Raja Ram as he was having a licenced gun and who happened to be his brother in law but finding him dead went running to the Police Station which was about a mile away from hi village.
905/83 and Reference No.
for the appellant Vasandhi, Adv.
A.C. for the Respondents.
J U D G M E N T The following Judgment of the Court was delivered NANAVATI, J. The State has filed this appeal against the companymon judgment and order of acquittal passed by the Allahabad High Court in Criminal Appeal No.
Both the respondents were companyvicted by the trial companyrt for the offence punishable under Section 396 read with Section 34 IPC and were sentenced to death.
