The prosecution must substantiate the charges against the accused beyond all reasonable doubt to secure a conviction.

Vinod Prasad, J.: -

This appeal by the three appellants, father Hansi and his two sons Lakhan and Amroo, all residents of village Gautara, P.S. Hazratpur, district Budaun is directed against impugned judgment of their conviction u/s 395 I.P.C. and order of sentence to 10 years R.I. therefor, dated 30.1.1982, imposed by Special Judge, Budaun in S.T. No.505 of 1980, State Vs. Hansi and others, P.S. Hazratpur, District Budaun. Pending final outcome appeal of father appellant no.1 Hansi was abated as he has already left for his heavenly abode and consequently appeals of two surviving sons appellants no. 2 &3 Lakhan and Amroo have been considered by this judgment.

2. Charge against the appellants as are discernible from the written F.I.R. Exhibit Ka-1 and deposed during the Sessions Trial revealed that in the intervening night between 23/24.5.79 at about mid night, informant Angad s/o Peetam Gadaria was sleeping in his his pen, where his cattle shed also existed, along with Jagdish, Mangali and Kewalji. Rest of his family members including his wife Kalawati, his brother Ram Chandra and his wife Launga, sister Bhagwanna, niece Munni and Prema and their children were sleeping inside informant's house at a distance of fifty paces, when the appellants with their 10-12 associate miscreants, armed with lathi, clubs, gun and country made pistols, committed dacoity at the house of the informant. Shrikes by the family members had awakened the informant and other persons sleeping with him and neighbors Premi, Chandu, Lakhan, etc. who all rushed to the incident spot armed with lathis flashing their torches. Mangali had ignited informant's fodder collected near the place of the incident, which illuminated the place like day light. The informant and the witnesses had spotted 12/13 dacoits going in and coming out of his house, who were taking out the household articles and were collecting it at the door. Dacoits were conversing in local dialect. Some of them were dark coloured, some of them were tall and short and they were draped in dhoti, shirts and paints. From amongst the dacoits, appellants Hansi, Lakhan, Amroo, who were carrying clubs in their hands and were inimical to the informant since prior to the incident, were identified by names and rest of the dacoits were identified by their faces, who could be identified by the informant and the witnesses if shown to them. Mounting pressure by the villagers forced the dacoits to flee from the spots firing cover shots in the air. They decamp with the bounty. Incident had occurred for about an hour and during course of it Kalawati and Ram Chandra were assaulted with lathi and dandas to get elicited from them the places were household articles were concealed. After the incident injured were rushed to the Miaoo Hospital for medical attendance. Informant thereafter got scribed incident FIR through scribe Keval Ram detailing the incident and mentioning the list of the looted articles and thereafter covered a distance of 6 miles to the police station Hazratpur where he lodged his FIR following day morning on 24.5.1979 at 9.30 a.m.

3. H.M. Ram Pal Sharma registered the FIR as Crime No.73 of 1979, under Section 395 , 397 I.P.C., prepared the Chik FIR, Ext. Ka-5 and the GD entry Ext. Ka-6. S.I. Laxman Singh started investigation into the incident, prepared site plan Ext. Ka-7 and recovery memos of the source of lights, lantern and torchs vide Ext. Ka-2 and Ka-3. He has also collected blood stained and plain earths, material Exhibits 1 and 2, and had prepared their recovery memo Ext. Ka-8. From the spot ashes of the burnt fodder, a plastic shoe and empty cartridges material exhibits 3, 4 and 5, were recovered vide recovery memos Exhibits Ka-9, Ka-10 and Ka-11. Blood stained baniyan of informant/witness Angad Lal was recovered vide Exhibit Ka-12. Further investigation was conducted by S.I. Kishan Lal, who culminated the investigation and charge-sheeted the accused vide Exhibit Ka-13.

4. Smt. Kalawati wi