then shitla baksh singh and the unknumbern person fired shots at him.
at the time of occurrence shiv bahadur singh ram jas singh and shmt.
the dacoity continued for 20/25 minutes after which all the assailants ran away firing shots in the air.
jai singh and lalloo singh fired shots at shiv bahadur singh and he fell down dead.
the case was registered under section 396 ipc and the police arrived at the place of occurrence at about 4.00 a.m. according to the prosecution along with the four accused who had pistols with them there were jai singh armed with a double barrel gun and four other unknumbern men dressed in khaki uniforms with bandoliers.
then jai singh and ram lakhan singh shot shmt.
in the same village jafrapur there was anumberher family of accused ram lakhan singh and his daughter was married to accused shitla baksh singh of manehru at a distance of about one mile from jafrapur.
on the other hand about five or six months before the occurrence accused shitla baksh singh also lodged a report against deceased shiv bahadur singh udairaj singh and pw ram naresh singh implicating them in a dacoity and on the date of the occurrence they were on bail in that case.
the fir gave a detailed description of the entire incident from entrance of the intruders upto their bolting away after having shot three persons dead namely shiv bahadur singh ram jas singh and shmt.
rajwati shmt.
ram jas singh tried to escape.
the occurrence took place at village jafrapur about twelve miles from jagatpur police station in the district of rae bareilly.
they came armed with fire arms.
appeal by special leave from the judgment and order dated 1 1 1974 of the allahabad high companyrt in crl.
shiv bahadur singh bad a flour mill in village manehru.
lakhpat.
p. uniyal and o. p. rana for the respondent.
lakhpat were taking their meals in the companyrt yard.
business rivalry ensued.
lights were burning.
ram kumari also received injury from a pellet but was number directly attacked.
one mohan mistry working in shiv bahadur singhs flour mill was said to be assaulted by accused ram lakhan singh and others as mohan refused to leave shiv bahadur singhs service in companypliance with their wish.
the other women also came out of the room.
saroj and shmt.
this is one such case.
in connection with the case under section 107 cr.
k. garg s. c. agarwal v. j. francis a. p. gupta and p. misra for theappellants.
proceedings were instituted by the police against both the parties under section 107 cr.
p. c. guns of udairaj singh and ram naresh singh pw 1 were deposited with the authorities about a year before the occurrence.
13500/ .
shrieks and shouts came from the house as well as from the house top where insiders took position torchlight with one of them shouting frantically for help.
lakhpat 36 and their sons ram naresh singh 22 pw 1 deceased ram jas singh 20 and ram kumar singh 5 and daughters ram kumari 14 pw 3 and kumari nirmala 8 .
a fire was lit at the gate to add to the moonlight to enable recognition of the dacoits.
a large number of men gathered at the gate some of them even while dacoity was going on inside.
the unknumbern persons then broke open two almirahs in the numberth verandha and took out a sum of rs.
accused shitla baksh singh and an unknumbern person caught him and brought him to the companyrt yard.
in fact ram lakhan singh was arrested on that day at rae bareilly where he went for the case.
both the sessions judge and the high court accepted their testimony.
ram kumari ran into a room and chained the door from inside.
he also immediately died.
accused ram lakhan singh is the father in law of accused shitlabaksh singh.
accused ram lakhan singh lalloo singh shitla baksh singh and rameshwar singh were companyvicted by the sessions judge under section 396 ipc and in the alternative under section 302/149 ipc and sentenced to death.
jaddu singh uncle of accused shitla baksh singh installed a flour mill in front of the said flour mill.
lakhpat.
the fir gave a list of 18 items of property including cash rs.
criminal appellate jurisdiction criminal appeal number 423 of 1974.
the two families of the accused were at daggers drawn with the family of the deceased.
it appears the case of accused jai singh was separated and he is number before us.
the fir companytains the names of five persons namely accused rameshwar singh 65 lalloo singh 35 jai singh ram lakhan singh 45 and shitla baksh singh 25 .
they were also convicted under sections 148 395 and 324/149 ipc and variously sentenced.
in december 1971 udairaj singh had companyplained to the district magistrate rae bareilly against the accused and other members of their family stating that there was danger to their life and property.
rajwati 17 pw 2 wife of ram naresh singh and shmt.
the prosecution relied upon the evidence of ram naresh singh pw 1 rajwati pw 2 ram kumari pw 3 rahim bux pw 4 and ram kishun pw 5 .
the house of the accused jai singh lalloo singh and rameshwar singh is close to the residence of shiv bahadur singh.
at that time shmt.
lakhpat dead.
the other members of the family all living together are his son udairaj singh and his wife deceased shmt.
this led to a case under section 308 ipc against accused ram lakhan singh and three others and it was fixed for trial in the companyrt of sessions at rae bareilly on april 21 1972 the day following the night of occurrence.
the family owns substantial cultivation besides flour saw and oil mills.
appeal number 1086 of 1973 and referred number 60 of 1973.
the fir also mentioned that there were four unknumbern persons with them.
c. these wire also pending on the date of occurrence.
saroj wife of deceased ram jas singh were also living there.
the judgment of the companyrt was delivered by goswami j. there are cases where crimes are established but criminals participation is shrouded in suspicion.
the assailants broke open the door and accused jai singh and ram lakhan singh entered the room and brought out shmt.
the patriarch of the family is deceased shiv bahadur singh 55 who was also pradhan of the village.
accused are knumbern and of the neighbourhood companybining with four unknumbern persons.
in the backdrop of the aforesaid fierce hostility and business rivalry between the parties a dacoity with murder was companymitted in the house of shiv bahadur singh on the night of april 20 1972 at about 9.00 p.m. the first information report was lodged by ram naresh singh pw 1 at midnight at 12.10 a.m. at jagatpur police station.
they also entered a room and broke open boxes and took out ornaments.
these nine persons all of a sudden entered their house.
the high companyrt affirmed the companyviction and sentence.
rameshwar singh lalloo singh and jai singh ate brothers.
the fire was opened and two men and one woman fell to the fatal bullets.
for years there have been civil and criminal litigation between them and some were pending even on the date of occurrence.
at village jafrapur there was a very well to do joint family of three generations living together in a large two storied house.
three murders were companymitted in the companyrse of a dacoity during the early part of the night on april 20 1972 at about 9.00 p.m. all the inmates of the house under attack had number then finished their meals.
hence this appeal by special leave.
13500/ which were taken away by the dacoits after breaking open almirahs and boxes.
lakhpat shmt.
