Fazal Ali, J. - (1.) These appeals by special leave are directed against the judgment and order of the Allahabad High Court acquitting the respondents Ram Narain, Ram Piarey and Ram Achal of the offence under S. 395 I. P. C. of which they were convicted by the Sessions Judge.
(2.) A detailed narrative of the prosecution story has been given in the judgment of the Sessions Judge and the High Court and it is not necessary for us to repeat the same all over again. Briefly put the allegation of the prosecution is that the Allahabad office of the Factory, a branch of which was situated in village Kareha had to disburse some payments to the contractors at Kareha in the District of Allahabad, which is about 25 to 30 miles away. Apart from Kareha there were other branches also where certain payments had also to be made. For this purpose on 1-11-1966, the Head Office at Allahabad sent a jeep carrying the driver Madho Ram P. W. 12 and the Accountant of the Factory Ramesh Chandra. P. W. 5, with a sum of Rupees 70,000/- out of which Rs. 7,000 was to be disbursed at the Kareha, Rupees 11,000/- to be disbursed at Karma and other branches near about the place. The remaining amount of Rs. 52.000/- was to be paid to the other branches situated across the Ganges. It appears from the evidence of Ramesh Chandra at page No. 44 of the paper book that other branches on the trans-Ganga where the money was to be disbursed did not lie on the way to Kareha but the jeep had to return to Allahabad for going to these villages for disbursing the amount. This fact is rather important because it introduced an element of an inherent improbability in the prosecution story. It is stated that when the jeep reached village Kareha, it was surrounded by the accused persons and one of the accused viz. Ram Narain snatched the bag from the hand of Ramesh Chandra was whipped out a pistol in order to scare away the crowed. Thereafter, the dacoits left on a horse back. The tyres of the jeep had been punctured before the dacoity took place.
(3.) The respondents pleaded innocence and denied their participation in the dacoity.;