Ved Prakash Vaish, J. - (1.)Heard Sri Pradeep Kumar Tripathi, learned counsel for the appellant and Ms. Ruhi Siddiqui, learned Addl. G.A. for the State.
(2.)This is an appeal filed by the appellant, Lokai Chamar against the judgment and order dated 14.04.1987 passed by learned VIIth Additional District & Sessions Judge, Sitapur, in Sessions Trial No.160 of 1986, whereby the appellant has been convicted for the offence under Section 396 of Indian Penal Code (hereinafter referred to as "I.P.C.") and sentenced to undergo imprisonment for life. However, the co-accused, Munna has been acquitted.
(3.)The facts of the case as unfolded by the prosecution are that on 12.09.1985, the complainant, namely, Sundar Lal S/o Gaya Prasad lodged a complaint that bhajan kirtan was going on till about 1:30 AM, thereafter, they slept and the other persons of the village went to their respective houses, in the meantime, about 10-12 bad elements armed with lathi, ballam, addhi (handmade pistol) and gun came and tried to open the door, when they did not open the door then one of the bad elements jumped the wall, came inside the house and opened the kundi and the other persons accompaning him also entered in the house, and gave beatings with danda to his mother and enquired about the valuable articles. When those bad elements were putting the looted articles on the door of the house, the gas was burning in the house; and on getting an occasion, he went to the southern window and made a noise, on this villagers, Chhanga S/o Preetam, Sobaran S/o Maikoo Chamar, Fakeeray S/o Sukkha Chamar, Surendra S/o Jagannath, Sripal S/o Sirdar and other persons came with lathi and torch and challenged the said persons, and on this the bad elements fired 3-4 times with a view to put them on fear, he (complainant) put fire on leaf of sugarcane and jhakar and the villagers fired from their licensed guns, on this the said bad elements along with looted articles started to go to western side, one bad element was apprehended by his father then the other bad elements fired from the gun by which injury was caused at chest and right hand of his father and some bullet shots (chharre) hit on the hip of his wife. The said bad elements were seen and identified by him, his family members and other villagers in the light of gas and fire. They can identify them if bad elements appeared before them, he and his wife can also identify the looted articles, which were taken by bad elements. The looted articles, which were taken by bad elements are as under:-
(i) Gas, which was burning in the house Prabhat Marka.

(ii) Old used batua, which is made of kaskut, weighted about 12 kg. to which Puran Badhai name is printed.

(iii) 2 boxes made of tin.

(iv) Rs.400/- cash.

(v) Three new sarees.

(vi) Two old plates made of kaskut.

(vii) Two old bilwa.

(viii) One lota and lotiya which made of kalayi and a white silver glass.

On the basis of said complaint, First Information Report (hereinafter referred to as "F.I.R."), Case crime No. 147 of 1985 was registered for the offence under Sections 395 and 397 of I.P.C. at Police Station- Pisawa, District- Sitapur at 08:25 AM on 12.09.1985.