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1957 Supreme(All) 164

H.SHANKAR, A.N.MULLA
Anwar – Appellant
Versus
State – Respondent


Advocates appeared:
Saraswati Pd., for Appellants; Asst. Govt. Advocate, for the State.

JUDGMENT :

A. N. MULLA, J. :- An armed dacoity was committed at the house of one Ramratan, a resident of village Bechepurwa, police station Kotwali, Lakhimpur, district Kheri, on the night between the 19th and the 20th of February, 1953. Ramratan resided with his brothers Bahuram and Ram Autar and other members of the family in separate portions of the same house. At about midnight Ramratan was disturbed in his sleep when a dacoit jumped inside the house and unchained the door. Immediately afterwards, 10 or 12 more dacoits entered the house through the main door. These dacoits were armed with pistols, guns, spears and lathis. Seeing the dacoits, Ramratan shouted and his brothers rushed into the courtyard. One of the dacoits fired a shot which hit Baburam. The dacoits then started plundering and this gave an opportunity to Ramratan to slip out of the house. He raised an alarm and, as a result, the neighbours collected and some one set fire to the cattle-shed of Ramratan.

During the course of the dacoity the residents of village Mathurapurwa, which is at a distance of about 3 or 4 furlongs from Bechepurwa, also arrived. The burning cattle-shed threw a bright light and the villagers out

















































































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