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ALLAHABAD HIGH COURT
Bharat Bhushan, Satya Narain Agnihotri, JJ.
Raj Kumar Khangar and Others - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2560 of 2005
Decided On : 11-05-2017
Dacoity - Indian Penal Code - Sections 396, 397, 412 - The judgment discusses the prosecution's failure to establish the involvement of the appellants in the dacoity despite the gruesome incident. It highlights the lack of proper identification of the miscreants, suspicious recoveries, and manipulation of official documentation, leading to the acquittal of the appellants.
Fact of the Case:
The appellants were convicted under Sections 396/397 of the Indian Penal Code for their alleged involvement in a dacoity where four persons were killed and several others were injured. The prosecution failed to establish the appellants' involvement in the crime.
Finding of the Court:
The court found that while the dacoity was not disputed, there was no satisfactory evidence to demonstrate the involvement of the appellants. The prosecution's case was marred by suspicious recoveries, lack of proper identification, and manipulation of official documentation, leading to the acquittal of the appellants.
Issues: The key issues revolved around the failure to establish the appellants' involvement in the dacoity, suspicious recoveries, lack of proper identification, and manipulation of official documentation.
Ratio Decidendi: The court's decision was influenced by the lack of trustworthy evidence, failure to conduct proper investigation, and the refusal of independent witnesses to support the recoveries, leading to the acquittal of the appellants.
Final Decision: The common judgment and order convicting the appellants were set aside, and the appellants were acquitted. The court directed the immediate release of the appellants unless their detention was required in connection with any other case.
Bharat Bhushan, J.
1. Appellants have assailed the common judgment and order dated 19.05.2005 passed by the Special Judge (Dacoity) Jalaun at Orai in Sessions Trial No. 8 of 1998 (State v. Raj Kumar and others) arising out of Case Crime No. 683 of 1997 and in Sessions Trial No. 8A of 1998 (State v. Raj Kumar S/o Man Singh) arising out of Case Crime No. 685 of 1997 whereby all four appellants, namely, Raj Kumar Khangar, Munna, Suresh and Raj Kumar @ Pappu @ Mama have been convicted under Sections 396/397of Indian Penal Code (in short I.P.C.) and in addition to that appellant Raj Kumar Khangar was convicted under Section 25 Arms Act, P.S. Jalaun, District Jalaun at Orai. The appellants were sentenced to life imprisonment under Sections 396/397/412 IPC and fine of Rs.5000/- with default stipulation. Appellant Raj Kumar Khangar was further sentenced to three years imprisonment and fine of Rs.2000/- for the offence under Section 25 Arms Act and in default of payment of fine to undergo further six months rigorous imprisonment.
2. Prosecution story in nutshell is that the houses of the complainant Mansharam (PW 2) and his nephew Basantlal were situated across each other in village Khauna. In the intervening night of 2/3.11.1997 Basantlal and his wife Smt. Mohini, mother Smt. Raorani, son Anil Kumar, daughter Premlata were sleeping inside their house. Complainant Mansharam, his wife Smt. Saroj and their children etc. were sleeping in their own house.
3. Suddenly at about 2.00 pm in the same night, Premlata daughter of Basantlal cried. Complainant Mansharam and his family members got awakened and came at the door using flashlights. In the meantime some 7-8 miscreants opened 2-3 firearm shots from the roof of Basantlal on complainant Mansharam and his family members wherein wife of complainant Smt. Saroj, son Pradeep and Sanjay, daughter-in-law Smt. Shanti Devi, cousin sister Kishori sustained injuries. Smt. Saroj, wife of complainant fell down at the door and died.
4. When neighbour Govind Das reached at the door-step of the complainant Mansharam on the commotion, one of the miscreants opened fire on him. He sustained injury and fell down. Other villagers also reached the spot. It is alleged that the miscreants plundered the residence of Basantlal and escaped under cover of firearm shots. The villagers and village chowkidar tried to chase them but failed to apprehend them. The miscreants were armed with various kinds of fire arm weapons, axes and sticks etc. In this incident four persons, namely Basantlal (nephew of Mansharam), Smt. Saroj (wife of Mansharam) Smt. Raorani and Smt. Mohini died and several others sustained firearm injuries. The FIR (Ext. Ka-1) of this incident was lodged at 4: 30 am on 3.11.1997 by complainant Mansharam at Police Station Jalaun, district Jalaun against 7-8 unknown miscreants. A chik report (Ext. Ka-6) was carved out.
5. It is pertinent to point out that two police constables, namely, Dinesh Kumar and Chandra Narayan Pandey were also busy in routine patrolling duties in village Khanua, the place of occurrence. On hearing the commotion, they also went with their rifles to the place of occurrence, challenged the miscreants and opened firearm shots but the miscreants escaped. This information was incorporated in general diary (G.D.) (Ext. Ka-7) on their return back to the police station. Complainant, Mansharam (PW 2) lodged the FIR which was also incorporated in to G.D. Investigation was initiated. Injureds, were sent for medical examination. Inquest proceedings were conducted. Site plan (Ext. Ka-8) was prepared. Samples of blood stained and simple earth (Ext. Ka-9 and Ext. Ka-10) were taken. Empties and tiklies etc. were also recovered from the spot.
6. In the aforesaid incident four persons, namely, Saroj (wife of P.W. 2 Mansharam), Basant Lal, Raorani and Smt. Mohini were assassinated. Dacoity was committed in the house of deceased Basantlal, nephew of P.W. 2 Mansharam, complainant.
7. On 10.11.1997 two p
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