Ram Babu vs State Of U.P

These two appeals by special leave arise out of trial of the appellants and three others, namely, Saudan Singh (A-3), Sher Singh (A-6) and Mangal Singh (A-1) for the commission of offence punishable under Section 395 of the Indian Penal Code (for short, `IPC'). They were alleged to have committed dacoity on April 7, 1980 at or about 9.30 p.m. in a temple - Totadhari Math, Gyan Gudari, Vrindavan, District Mathura. The appellants and A-1 were convicted by the 3rd Additional Sessions Judge, Mathura under Section 395 IPC and sentenced to undergo rigorous imprisonment for a term of five years. A-3 and A-6 were acquitted. The appellants and A-1 challenged their conviction by a common appeal to Allahabad High Court. The High Court vide its judgment dated September 14, 2007 dismissed the appeal. It is from this judgment that one appeal has been preferred by Ram Babu (A-5) and the other by Man Singh @ Mani (A-4) and Jagdish Upadhyay (A-2). We are informed that A-1 had died during the pendency of appeal before High Court.

2. Vrindavan is a holy and revered place having large number of public religious Maths. Totadhari Math (hereinafter referred to as `temple') is situate in Mohalla Gyan Gudari. Many silver idols adorn this temple. Ornaments and silver utensils for shringar and puja of the deities were used to be kept in the almirah in his room by the Mahant - Vishwast Sen Acharya. The disciples, students and teacher resided in the temple premises. On April 7, 1980 at about 9.30 p.m., the dacoits 2 (15/16 in number) armed with pistols, guns, knives and lathis entered the temple premises. At that time, in the courtyard (Chowk), Ram Ajor Pathak (PW-1), Jagdish Prasad (PW-2), Sudarshan Prasad (PW-3), Udhav Prasad (PW-9), Brijesh Kumar, Kaladhar Dwivedi, Narotam Kumar and three sadhus, namely, Damodar, Ram Prapan and Madhav Prasad were taking food (Prasad). The dacoits asked them to hand over the keys of the temple and the room where silver idols, ornaments and silver utensils etc. were kept but they feigned ignorance as the Mahant was not in the temple. The dacoits then asked them to stay put in a small room. PW-9 escaped from room where he was confined and managed to reach the roof of the temple. The dacoits broke open the room and almirah and looted the ornaments, silver utensils, cash and other articles like clocks, clothes, etc. They also looted idols made of Astadhatu and silver. After looting the properties, the dacoits ran away towards river Yamuna. Before leaving, the dacoits also caused injuries to Madhav Das and Damodar Das by the butt of the gun. As soon as Mahant reached the temple, PW-1 went to the police station and lodged the first information report 3 at about 10.15 p.m. in the same night against unknown persons.

3. Kashi Ram - a Sub Inspector commenced investigation immediately thereafter. He visited the place of occurrence and prepared site plan. Madhav Das and Damodar Das who were injured by the dacoits were medically examined on April 8, 1980 at the Government Hospital, Vrindavan. During the course of investigation, the Investigating Officer arrested number of dacoits. On April 29, 1980, A-1 was arrested at 4.30 p.m. On April 30, 1980, A-3 and A-2 were arrested at 6.15 a.m. and 9.00 a.m. respectively. On May 1, 1980, A-6 was arrested at 12.30 p.m. while on May 6, 1980, A-5 was arrested at 2.00 p.m. On May 29, 1980, accused A-4 was arrested at 5.30 p.m. Besides them, three more persons namely, Biro, Chandar and Sundar were also arrested by the Investigating Officer. On June 4, 1980, the test identification parade was held under the supervision of L.P. Gupta (PW-14). Based on the result of the identification and the statements recorded under Section 161 of Criminal Procedure Code, a charge-sheet was filed against 7 4 persons including the present appellants. Biro (A-7) was discharged by the trial judge on August 30, 1980.

4. The prosecution examined as many as 35 witnesses. PW-1, PW-2, PW-3 and PW-9 are inmates of the temple and were present at the time of incident. PW-14 is the Special Executive Magistrate under whose supervision test identification parade was conducted. Munna Prasad Srivast (PW-15), Ramesh Chandra (PW-18) and Maharaj Singh (PW-

15. Both appeals fail and are dismissed.

........................J (P. Sathasivam) ........................J (R. M. Lodha) New Delhi April 19, 2010.