Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of a Division Bench of the Allahabad High Court setting aside the conviction of the respondent for offence punishable under Section 396 of the Indian Penal Code, 1860 (in short the ‘IPC’) as was recorded by learned Vth Additional Sessions Judge, Fatehpur. The respondent was sentenced to imprisonment for life by the said Judgment; but he was acquitted of the charge relatable to offence punishable under Section 314 IPC.

2.Background facts in a nutshell are as under :

A dacoity was committed on 9.5.1973 at about mid day for about 2-3 hours in the house of three brothers namely Ramdas (PW-9), Har Prasad (PW-2) and Hiralal (hereinafter referred to as the ‘deceased’) in village Palia Buzurg within the area of police station Hathgaon, district Fatehpur. It was alleged that about 16-17 dacoits successfully decamped with cash, jewellery, ornaments, firearms etc. During the course of commission of dacoity, Hiralal, Mahesh Chandra and Smt. Mahabiria sustained injuries of whom Hiralal died. While dacoity was in operation, the matter was reported orally at police station, Hathgaon by village chowkidar Ram Ratan (P.W. 3)