Arvind K.Tripathi, J.

1. The instant Criminal Appeal has been preferred challenging the conviction and sentence awarded by the impugned judgment and order dated 2.2.1984 passed by Special Judge, Budaun in S.T. No.701 of 1981 (State vs. Satya Ram and two others) arising out of Case Crime No.169/1980, PS.Zarif Nagar, District Budaun convicting and sentencing the appellants Satya Ram and Talewar Singh under section 396 I.P.C. to undergo imprisonment for life. One of the appellant Talewar Singh is in jail and connected Criminal Appeal No.2313/84 filed on behalf of Satyaram has already been abated vide order dated 18.7.2016, since he died during pendency of the appeal.

2. Shri Apul Mishra, learned Advocate appeared on behalf of the appellant Talewar Singh and Shri Chandrajit Yadav, learned A.G.A. appeared on behalf of the State of U.P.

3. Heard learned counsel for the parties and perused the record.

4. The brief facts of the case is that the First Information Report was lodged by PW-1 Matru Lal, father of the deceased Durejpal. According to the version of the First Information Report, the informant was present at his house and his son Durej Pal was present at the shop. At about 4.00 P.M. On 1.11.1980 25-26 dacoits came in police uniform who were armed with rifle, pistol and axe and they caught hold his son who tried to run away. One of the dacoits shot fire causing injuries at his chest who fell down. The dacoits started committing dacoity in the shop. Thereafter they reached at the house of the informant, assaulted him with 'Danda' and asked about the household articles. He gave the keys of the house to them. The dacoits started looting his jewelleries, clothes, utensils, cash etc. including his DBBL gun with 100 cartridges. Thereafter they went to the house of Dr.Shiv Charan Lal and looted the household articles and his DBBL gun with 60 cartridges. Thereafter, they went to the house of Ram Bharosey Lal and Babu Ram, Chiranjive Lal, Hethram, Chandra Pal and looted household articles in their houses also. Pandit Murari Lal, Lala Murari Lal and Khauraj Singh of the same village fired with their gun. The dacoits were also firing with their firearms, hence due to fear villagers could not reach near them. The incident was witnessed by Raghunandan Prasad, son of Chabi Lal, Sonpal s/o Mishri Lal and other villagers. The dacoits were identified by them so after seeing them they could identify those dacoits who were speaking local languages of near by places. Some of the dacoits were of young and middle age. Their involvement in the looting incident in the village was for about 2-1/2 hours. Subsequently the informant alongwith neighbours reached at the shop and found that his son was lying in injured condition. With the help of villagers he was taken for medical aid to the Government Hospital, Islam Nagar. However, in the way to the hospital, he succumbed to injuries. Thereafter the dead body was brought and kept on the cot in the verandah of the school. The request was made to register the case and take necessary action. The chick report was prepared by Head Moharir Devraj Singh and also G.D. entry was made.

5. After the case was registered the investigation was handed over to PW-8 S.I. Hari Ram Sharma, PS.Zarifnagar. In the night of 1/2.11.1980 he went to the village Danpur and visited the place of the incident. He recorded the statement of Smt.Rameshwari, Shiv Charan Lal and other witnesses and inspected the place of incident, prepared the site plan. The statement of Raghunandan Prasad and Matru Lal were also recorded on the same day. The informant Matru Lal was examined by the doctor on 1.11.1980 at 10.00 P.M. who was brought by constable Rajendra Pal PS.Islam Nagar. The First Information Report was lodged initially at Islam Nagar. Subsequently the investigation was transferred to PS.Zarif Nagar. The post-mortem examination report on the body of Durej Pal was conducted on 2.11.1980 at 2.00 P.M. by Dr.A.K.Malkhani, the then Medical